Connecticut Judicial Branch Law Libraries

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Termination of

Parental Rights (TPR)

A Guide to Resources in the Law Library

· Adoption and termination of parental rights: “[I]t is clear that adoption cannot proceed unless the parents’ rights are terminated in the first instance. The converse is not true. The parents’ rights can be terminated without an ensuing adoption . . . . [T]here are circumstances wherein termination of a parent’s rights is not followed by adoption.” In re Theresa S., 196 Conn. 18, 30-31, 491 A.2d 355 (1986).

· Termination of parental rights: “means the complete severance by court order of the legal relationship, with all its rights and responsibilities, between child and his parent or parents so that the child is free for adoption except it shall not affect the right of inheritance of the child or the religious affiliation of the child.”  Conn. Gen. Stat. §§ 45a‑707(8), 17a‑93(e) (2007).

Sections in this chapter:

§ 1. Rights of parents

§ 1a. Rights of parents in general

§ 1b. Right to counsel

§ 1c. Standard of proof

§ 1d. Equal protection of the laws

§ 1e. Notice and opportunity to be heard

§ 2. Termination by consent

§ 3. Grounds (nonconsensual)

§ 3a. Abandonment

§ 3b. Acts of parental commission or omission

§ 3c. No ongoing parent-child relationship

§ 3d. Neglected and Uncared for

§ 3e. Failure to rehabilitate

§ 3f. Parent has killed or committed an assault

§ 3g. Parent convicted of sexual assault resulting in conception of the child

§ 4. Procedures in TPR

§ 4a. Jurisdiction

§ 4b. Petition for TPR

§ 4c. Parties and Sstanding in TPR proceedings

§ 4d. Notice

§ 4e. TPR hearing

§ 4f. Reason effort to Locate and Reunify

§ 4g. Statutory factors

§ 4h. Motion to open or set aside

§ 4i. Appeals in juvenile matters

§ 4j. Standards of Appellate review

Tables in this chapter

Table 1. Rights of the remaining parent in TPR

Table 2. Foster parents and TPR

Table 3. Best Interest of the Child Standard in TPR

Table 4. Consent to TPR within 48 hours of birth or by minor

Table 5. Grounds for Termination

Table 6. ALR Annotations on Factors in TPR

Table 7. Proof of Grounds for Terminating Parental Rights

Table 8. Statutory Parent

Table 9. Who May Petition for TPR

Table 10. Statutory Factors Considered in TPR

Table 11. Cooperative Postadoption Agreements

Section 1

Rights of Parents

A Guide to Resources in the Law Library

SCOPE:	Bibliographic sources relating to the rights in general of parents and foster parents in termination of parental rights cases in Connecticut
CURRENCY	· 2007-2008 Edition

· “The fundamental liberty interest of natural parents in the care, custody, and management of their children does not evaporate simply because they have not been model parents or have lost temporary custody of their child to the State. Even when blood relationships are strained, parents retain a vital interest in preventing the irretrievable destruction of their family life. If anything, persons faced with forced dissolution of their parental rights have a more critical need for procedural protections than do those resisting state intervention in to ongoing family affairs.” Santorsky v. Kramer, 455 U.S. 745, 753, 102 S.Ct. 1388, 71 L.Ed 2d 599 (1982).

· “When the State moves to destroy weakened familial bonds, it must provide the parents with fundamentally fair procedures.” Santorsky v. Kramer, 455 U.S. 745, 753-754, 102 S.Ct. 1388, 71 L.Ed 2d 599 (1982).

· “[W]e recognize that ‘the right of parents qua parents to the custody of their children is an important principle that has constitutional dimensions,’ a principle echoed and illuminated in recent years by decisions of the United States Supreme Court and of this court.” In Re Juvenile Appeal (Docket No. 10155), 187 Conn. 431, 435, 446 A.2d 808 (1982).

· “Termination of parental rights is a judicial matter of exceptional gravity and sensitivity. Anonymous v. Norton, 168 Conn. 421, 430 362 A.2d 532 (1975). Termination of parental rights is the ultimate interference by the state in the parent-child relationship and, although such judicial action may be required under certain circumstances, the natural rights of the parents in their children ‘undeniably warrants deference and, absent a powerful countervailing interest, protection.’ Stanley v. Illinois, 405 U.S. 645, 651 92 S.Ct. 1208, 31 L.Ed.2d 551 (1972); In re Juvenile Appeal (Anonymous), 177 Conn. 648, 671 420 A.2d 875 (1979).” In Re Emmanuel M., 43 Conn. Sup. 108, 112, 648 A.2d 904 (1993)

Section 1a

Rights of Parents in TPR

A Guide to Resources in the Law Library

SCOPE:	Bibliographic sources relating to the rights in general of parents and foster parents in termination of parental rights cases in Connecticut
Currency	· 2007-2008 edition
DEFINITIONS:	· Fourteenth Amendment to the U.S. Constitution: “. . . nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”  · Due Process: “freedom of personal choice in matters of . . . family life is one the liberties protected by the Due Process Clause of the Fourteenth Amendment.” Cleveland Board of Education v. LaFleur, 414 U.S. 632, 639-640, 94 S. Ct. 791, 39 L. Ed. 2d 52 (1974). · Equal protection of the laws: “The guaranty of equal protection of the laws ensures that the laws apply alike to all in the same situation, or that similar treatment is afforded to those in similar circumstances.” In re Nicolina T., 9 Conn. App. 598, 606 (1987).
STATUTES:	· Conn. Gen. Stat. (2007). Chapter 319a. Child welfare § 17a-112. Termination of parental rights of child committed to commissioner. Chapter 803. Termination of parental rights and adoption § 45a-708. Guardian ad litem for minor or incompetent parent § 45a-715. Petition to terminate parental rights. Cooperative postadoption agreements. § 45a-716. Hearing on petition to terminate parental rights. Notice. Attorney General as a Party § 45a-717. Termination of parental rights. Conduct of hearing, Investigation and report. Grounds for termination. (a) At the hearing held on any petition for the termination of parental rights . . . any party to whom notice was given shall have the right to appear and be heard with respect to the petition. § 45a-719. Reopening judgment terminating parental rights. Best interest of child. Final decree of adoption
COURT RULES:	· Conn. Practice Book (2007) Chapter 32a. Rights of parties neglected, uncared for and dependent children and termination of parental rights § 32a-1. Right to counsel and to remain silent § 32a-2. Hearing procedure; Subpoenas § 32a-3. Standards of proof § 32a-4. Child witness § 32a-5. Child in the court § 32a-6. Interpreter § 32a-7. Records § 32a-8. Use of confidential alcohol and drug abuse treatment records as evidence
CASES:	· In re Jeisean M., 74 Conn. App. 233, 240-241, 812 A2d 80 (2002). "Accordingly, we hold that in deciding an application for a waiver of fees, costs and expenses pursuant to Practice Book § 63-6 in a termination of parental rights proceeding, the factors to be weighed by the trial court are limited to a consideration of whether the applicant. has a statutory right of appeal pursuant to General Statutes § 52-263 and whether the applicant is indigent." · Roth v. Weston, 259 Conn. 202, 231, 789 A.2d 431 (2002). "We recognize that due process requires the clear and convincing test be applied to the termination of parental rights because it is the complete severance by court order of the legal relationship, with all its rights and responsibilities . . . ." · Stanley v. Illinois, 405 U.S. 645, 651, 92 S.Ct. 1208, 31 L.Ed.2d 551 (1972). “The private interest here, that of a man in the children he has sired and raised, undeniably warrants deference and, absent a powerful countervailing interest, protection.” · Quilloin v. Walcott, 434 U.S. 646, 255, 98 S.Ct. 549, 54 L.Ed.2d 511 (1978). “But this is not a case in which the unwed father at any time had, or sought, actual or legal custody of his child. Nor is this a case in which the proposed adoption would place the child with a new set of parents with whom the child had never before lived. Rather, the result of the adoption in this case is to give full recognition to a family unit already in existence, a result desired by all except appellant.” · Prince v. Massachusetts, 321 U.S. 158, 166, 64 S. Ct. 438, 88 L. Ed. 645 (1944). “It is cardinal with us that the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state can neither supply nor hinder.” · In re Luke, 40 Conn. Supp. 316, 326-327, 498 A.2d 1054 (1985). “It is the responsibility of all of the adults involved to give the children’s interest top priority over their own emotional objectives, so that they may understand and benefit from the fact that they have two ‘Daddies’ who love them, that having two ‘Daddies’ is not ‘too complicated’ but is rather an enriching factor in their lives.”
WEST KEY NUMBERS:	· Constitutional law # 274(5). Deprivation of personal rights in general. Privacy, marriage, family, and sexual matters · Infants # 178. Evidence. Termination of parental rights
DIGESTS:	· ALR Digest: Attorneys § 35. Right to counsel and consultation Termination of parental rights · Connecticut Family Law Citations: Termination of Parental Rights · US L ED Digest: Constitutional Law § 803.5
ENCYCLOPEDIAS:	· 16B Am. Jur 2d Constitutional Law (1998). § 955. Hearing. Character and sufficiency; in general—Presence of person; counsel · 59 Am. Jur 2d Parent and Child (2002). § 36. Loss or forfeiture of right § 37. —Burden of proof · Patricia C. Kussman, Annotation, Right Of Indigent Parent To Appointed Counsel In Proceeding For Involuntary Termination Of Parental Rights, 92 ALR5th 379 (2001). · Wanda Ellen Wakefield, Annotation, Validity Of State Statutes Providing For Termination Of Parental Rights, 22 ALR4th 774 (1983). · Termination Of Parental Rights Based On Abuse Or Neglect, 9 COA 2d 483 (1997). § 24. Presumption and burden of proof
TEXTS & TREATISES:	· Ralph H. Folsom and Gayle B. Wilhelm, Incapacity, Powers of Attorney and Adoption in Connection 3d (2006). Chapter 5. Adoption and Parental Rights § 5:6. Termination of parental rights and appointment of guardian or statutory parent for adoption petition § 5:7. Notice, guardian ad litem § 5:8. Hearing, investigation and report, grounds for termination of parental rights, consent terminations · 1 Joan Heifetz Hollinger et al., Adoption Law and Practice (2006). Chapter 2. Consent to adoption § 2.10. Exceptions to the requirement of parental consent § 2.10[2].  State courts and statutory examples · 4  Sandra Morgan Little, Child Custody & Visitation Law and Practice (2007). Chapter 28. Termination of parental rights § 28.02. Elements of the proceeding § 28.02[2]. Constitutional limitations § 28.03. Procedural protections [1]. Service of process [2]. Notification of charges [4]. Counsel for the parents [5]. Disclosure · Ann M. Haralambie, Handling Child Custody, Abuse and Adoption Cases (1993). Chapter 13. Termination of Parental Rights § 13.18. Unmarried fathers
LAW REVIEWS:	· Michael J. Keenan, Note, Connecticut’s Trend In The Termination Of Parental Rights And What Can Be Done To Further It, 10 Connecticut Probate Law Journal 269 (1996). II. Background E. The federal judiciary and constitutional issues, pp. 294-297
COMPILER:	Lawrence Cheeseman, Connecticut Judicial Department Law Library, One Court Street, Middletown, CT 06457. (860) 343-6560. EMAIL: Lawrence.cheeseman@jud.ct.gov

Table 1 Rights of the remaining parent in TPR

Rights of the Remaining Parent in TPR
Conn. Gen. Stats. § 17a-112(i) (2007) (partial)	“Consent for the termination of the parental rights of one parent does not diminish the parental rights of the other parent of the child, nor does it relieve the other parent of the duty to support the child.”
Conn. Gen. Stats. § 17a-112(n) (2007) (partial)	“If the parental rights of only one parent are terminated, the remaining parent shall be the sole parent and, unless otherwise provided by law, guardian of the person.”
Conn. Gen. Stats. § 45a-717(i) (2007)	“If the parental rights of only one parent are terminated, the remaining parent shall be sole parent and, unless otherwise provided by law, guardian of the person.”

Table 2 Foster parents and TPR

Foster Parents and TPR
STATUTES	· “The Commissioner of Children and Families shall not discriminate in preparing a home study or in placing a child with a prospective adoptive parent based on whether the prospective parent is or is not willing to become a foster parent pending an adoption placement.” Conn. Gen. Stats. § 45a-726(c) (2007).
ENCYCLOPEDIAS	· Michael G. Walsh, Annotation, Standing Of Foster Parent To Seek Termination Of Rights Of Foster Child’s Natural Parent, 21 ALR4th 535 (1983). · Kristine Cordier Karnezis, Annotation, Validity And Enforcement Of Agreement By Foster Parents That They Not Attempt To Adopt Foster Child, 78 ALR3d 770 (1977).
CASE ANNOTATIONS	· John F. Gillespie, Annotation, Status And Rights Of Foster Children And Foster Parents Under Federal Constitution, 53 L. Ed. 2d 1116 (1978).

Table 3 Best Interest of the Child Standard in TPR

Best Interest of the Child Standard in TPR
Connecticut Statutes
Conn. Gen. Stats. § 17a-112(q) (2007)	“The provisions of this section shall be liberally construed in the best interests of any child for whom a petition under this section has been filed.”
Conn. Gen. Stats. § 45a-706 (2007)	“The provisions of sections 45a-706 to 45a-709, inclusive, 45a-715 to 45a-718, inclusive, 45a-724 to 45a-734, inclusive, 45a-736, 45a-737 and 52-231a shall be liberally construed in the best interests of any child for whom a petition has been filed under said sections.”
Conn. Gen. Stats. § 45a-715(i) (2007)	Postadoption agreements “If the Court of Probate determines that the child's best interests will be served by postadoption communication or contact with either or both birth parents, the court shall so order, stating the nature and frequency of the communication or contact. A court may grant postadoption communication or contact privileges if: (1) Each intended adoptive parent consents to the granting of communication or contact privileges; (2) the intended adoptive parent and either or both birth parents execute a cooperative agreement and file the agreement with the court; (3) consent to postadoption communication or contact is obtained from the child, if the child is at least twelve years of age; and (4) the cooperative postadoption agreement is approved by the court.” (n) An adoptive parent, guardian ad litem for the child or the court on its own motion may, at any time, petition for review of communication or contact ordered pursuant to subsection (i) of this section, if the adoptive parent believes that the best interests of the child are being compromised. The court may order the communication or contact be terminated, or order such conditions in regard to communication or contact as the court deems to be in the best interest of the adopted child.
Conn. Gen. Stats. § 45a-719 (2007)	Reopening judgment terminating parental rights. Best interest of child. Final decree of adoption. “. . . . For the purpose of this section, ‘best interest of the child’ shall include, but not be limited to, a consideration of the age of the child, the nature of the relationship of the child with the caretaker of the child, the length of time the child has been in the custody of the caretaker, the nature of the relationship of the child with the birth parent, the length of time the child has been in the custody of the birth parent, any relationship that may exist between the child and siblings or other children in the caretaker's household, and the psychological and medical needs of the child. The determination of the best interest of the child shall not be based on a consideration of the socio-economic status of the birth parent or the caretaker.”
Cont’d Connecticut Cases
In re Rachel J., 97 Conn. App. 748, 761,  905 A.2d 1271 (2006)	“It is well settled that we will overturn the trial court's decision that the termination of parental rights is in the best interest of the children only if the court's findings are clearly erroneous.”
In re Tyqwane V., 85 Conn. App. 528, 534, 857 A.2d 963 (2004).	“In addition, ‘the best interest of a child is not the [court's] primary focus when determining whether to grant a petition to terminate parental rights. . . . [C]oncern for the children is an additional, not an alternative, requirement for the termination of parental rights.’(Citation omitted.)”

Section 1b

Right to Counsel

A Guide to Resources in the Law Library

SCOPE:	Bibliographic sources relating to the right to counsel in termination of parental rights in Connecticut.
CURRENCY:	· 2007-2008 Edition
DEFINITIONS:	· “If a party appears without counsel, the court shall inform such party of the party’s right to counsel and upon request, if he or she is unable to pay for counsel, shall appoint counsel to represent such party. No party may waive counsel unless the court has first explained the nature and meaning of a petition for the termination of parental rights.” Conn. Gen. Stat. (2007) § 45a-717(b). · “The respondent’s due process rights are therefore properly determined by the balancing test of Mathews v. Eldridge, 424 U.S. 319, 334, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976), employed by the United States Supreme Court in considering a parent’s right in termination proceedings to representation by counsel . . . ” In Re Juvenile Appeal (Docket No. 10155), 187 Conn. 431, 435, 446 A.2d 808 (1982).
STATUTES:	· Conn. Gen. Stat. (2007) Chapter 319a. Child welfare § 17a-112. Termination of parental rights of child committed to commissioner . . . . Chapter 803. Termination of parental rights and adoption § 45a-715. Petition to terminate parental rights § 45a-716. Hearing on petition to terminate parental rights. Notice. Attorney General as party (b). . . . If the recipient of the notice is a person described in subdivision (1) or (2) or is any other person whose parental rights are sought to be terminated in the petition, the notice shall contain a statement that the respondent has the right to be represented by counsel and if the respondent is unable to pay for counsel, counsel will be appointed for the respondent. § 45a-717. Termination of parental rights. Conduct of hearing, Investigation and report. Grounds for termination § 45a-719. Reopening judgment terminating parental rights. Best interest of child. Final decree of adoption
COURT RULES:	· Conn. Practice Book (2007) Chapter 32a-1. Rights of parties neglected, uncared for and dependent children and termination of parental rights § 32a-1. Right to counsel and to remain silent
CASES:	· In re Alexander V., 223 Conn. 557, 566, 613 A.2d 780 (1992). “Accordingly we conclude that due process does not require a competency hearing in all termination cases but only when (1) the parent’s attorney requests such a hearing, or (2) in the absence of such a request, the conduct of the parent reasonably suggests to the court, in the exercise of its discretion, the desirability of ordering such a hearing sua sponte.”
WEST KEY NUMBERS:	· Constitutional law # 274(5). Deprivation of personal rights in general. Privacy, marriage, family, and sexual matters · Infants # 178. Evidence. Termination of parental rights
DIGESTS:	· ALR Digest: Attorneys § 35. Right to counsel and consultation Termination of parental rights · Connecticut Family Law Citations: Termination of Parental Rights · US L ED Digest: Constitutional Law § 803.5
ENCYCLOPEDIAS:	· 16B Am. Jur 2d Constitutional Law (1998). § 955. Hearing. Character and sufficiency; in general—Presence of person; counsel · 59 Am. Jur 2d Parent and Child (2002). § 36. Loss or forfeiture of right § 37. —Burden of proof · Patricia C. Kussman, Annotation, Right Of Indigent Parent To Appointed Counsel In Proceeding For Involuntary Termination Of Parental Rights, 92 ALR5th 379 (2001). · Wanda Ellen Wakefield, Annotation, Validity Of State Statutes Providing For Termination Of Parental Rights, 22 ALR4th 774 (1983). · Termination Of Parental Rights Based On Abuse Or Neglect, 9 COA 2d 483 (1997)
TEXTS & TREATISES:	· Ralph H. Folsom and Gayle B. Wilhelm, Incapacity, Powers of Attorney and Adoption in Connection 3d (2006). Chapter 5. Adoption and Parental Rights § 5:6. Termination of parental rights and appointment of guardian or statutory parent for adoption petition § 5:7. Notice, guardian ad litem § 5:8. Hearing, investigation and report, grounds for termination of parental rights, consent termination · 4  Sandra Morgan Little, Child Custody & Visitation Law and Practice (2007). Chapter 28. Termination of parental rights § 28.03. Procedural protections [4]. Counsel for the parents · Ann M. Haralambie, Handling Child Custody, Abuse and Adoption Cases (1993). Chapter 13. Termination of Parental Rights § 13.06. Right to counsel
LAW REVIEWS:	· Michael J. Keenan, Note, Connecticut’s Trend In The Termination Of Parental Rights And What Can Be Done To Further It, 10 Connecticut Probate Law Journal 269 (1996). II. Background E. The federal judiciary and constitutional issues, pp. 290-291
COMPILER:	Lawrence Cheeseman, Connecticut Judicial Department Law Library, One Court Street, Middletown, CT 06457. (860) 343-6560. EMAIL: Lawrence.cheeseman@jud.ct.gov

Section 1c

Standard of Proof

A Guide to Resources in the Law Library

SCOPE:	Bibliographic sources relating to the standard of proof in termination of parental rights in Connecticut.
CURRENCY	· 2007-2008 Edition
DEFINITIONS:	“The constitutional guarantee of due process of law requires that the statutory grounds for termination of parental rights be established by ‘clear and convincing evidence,’ not merely a fair preponderance of the evidence.”  In Re Emmanuel, 43 Conn. Supp. 108, 113, 648 A.2d 904 (1994). “The respondent’s due process rights are therefore properly determined by the balancing test of Mathews v. Eldridge, 424 U.S. 319, 334, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976), employed by the United States Supreme Court in considering a parent’s right in termination proceedings to representation by counsel . . . and to the use of a clear and convincing standard of proof . . . . ” In Re Juvenile Appeal (Docket No. 10155), 187 Conn. 431, 435, 446 A.2d 808 (1982).
STATUTES:	· Conn. Gen. Stat. (2007) § 17a-112. Termination of parental rights of child committed to commissioner
COURT RULES:	· Conn. Practice Book (2007) Chapter 32a-1. Rights of parties neglected, uncared for and dependent children and termination of parental rights § 32a-3. Standards of proof
CASES:	· In Re Lee, 104 Conn. App. 121, 136-137. (2007) “The respondent's argument loses sight of the fact that, for the purpose of the court's ultimate determination regarding whether her parental rights should be terminated, the relevant testimony elicited from the respondent was that she permitted someone who she knew very clearly had a problem with substance abuse to reside in her home with her children. Because the court found that the respondent generally was aware of her fifth husband's drinking problem, it was appropriate for the court to consider this as a factor when assessing the respondent's progress toward rehabilitation.” · In The Interests of Jaisean M., 2002 Ct. Sup. 5787, 5789, 2002 WL 1156030 (May 3, 2002) "Roth and Troxel have nothing to do with a termination of parental rights case. In fact, the burden of proof in a termination of parental rights case has long been 'clear and convincing evidence,' and the requirement that a grandparent seeking visitation overcome a similar burden actually parallels and reaffirms, rather than undermines, the statutory scheme applicable to termination cases." · In re Eden, 250 Conn. 674, 694, 741 A.2d 873 (1999). “The constitutional requirement of proof by clear and convincing evidence applies only to those findings upon which the ultimate decision to terminate parental rights is predicated.”
WEST KEY NUMBERS:	· Constitutional law # 274(5). Deprivation of personal rights in general. Privacy, marriage, family, and sexual matters · Infants # 178. Evidence. Termination of parental rights
DIGESTS:	· ALR Digest: Attorneys § 35. Right to counsel and consultation Termination of parental rights · Connecticut Family Law Citations: Termination of Parental Rights · US L ED Digest: Constitutional Law § 803.5
ENCYCLOPEDIAS:	· 16B Am. Jur 2d Constitutional Law (1998). § 955. Hearing. Character and sufficiency; in general—Presence of person; counsel · 59 Am. Jur 2d Parent and Child (2002). § 36. Loss or forfeiture of right § 37. —Burden of proof · Patricia C. Kussman, Annotation, Right Of Indigent Parent To Appointed Counsel In Proceeding For Involuntary Termination Of Parental Rights, 92 ALR5th 379 (2001). · Wanda Ellen Wakefield, Annotation, Validity Of State Statutes Providing For Termination Of Parental Rights, 22 ALR4th 774 (1983). · Termination Of Parental Rights Based On Abuse Or Neglect, 9 COA 2d 483 (1997). § 24. Presumption and burden of proof
TEXTS & TREATISES:	· Ann M. Haralambie, Handling Child Custody, Abuse and Adoption Cases (1993). Chapter 13. Termination of Parental Rights § 13.03. Standard of proof · 4 Joan Heifetz Hollinger et al., Adoption Law and Practice (2006). § 2.10. Exceptions to the requirement of parental consent [2].  State courts and statutory examples · 4 Sandra Morgan Little, Child Custody & Visitation Law and Practice (2007). Chapter 28. Termination of parental rights § 28.04[2]. Burden of proof
LAW REVIEWS:	· Michael J. Keenan, Note, Connecticut’s Trend In The Termination Of Parental Rights And What Can Be Done To Further It, 10 Connecticut Probate Law Journal 269 (1996). II. Background E. The federal judiciary and constitutional issues, pp. 293-294
COMPILER:	Lawrence Cheeseman, Connecticut Judicial Department Law Library, One Court Street, Middletown, CT 06457. (860) 343-6560. EMAIL: Lawrence.cheeseman@jud.ct.gov

Section 1d

Equal Protection

of the Laws

A Guide to Resources in the Law Library

SCOPE:	Bibliographic sources relating to the constitutional guarantee of equal protection of the laws in termination of parental rights in Connecticut
CURRENCY	· 2007-2008 Edition
DEFINITIONS:	· “The guaranty of equal protection of the laws ensures that the laws apply alike to all in the same situation, or that similar treatment is afforded to those in similar circumstances.” In re Nicolina T., 9 Conn. App. 598, 606, 520 A.2d 639 (1987).
CASES:	· In re Nicolina T., 9 Conn. App. 598, 606, 520 A.2d 639 (1987). “The trial court’s court decision to terminate the respondent’s parental rights was made pursuant to the statutory requirements of General Statutes § 17-43a (b) [now § 17a-112], makes no distinction between mentally ill and other persons. As such, the statutory criteria applies with equal force to all parents without regard to their mental condition.”
WEST KEY NUMBERS:	· Constitutional Law #225.1. Equal protection of the laws. Regulations affecting civil rights or personal rights and relations in general.
DIGESTS:	· ALR Digest: Termination of parental rights · Connecticut Family Law Citations: Termination of Parental Rights
ENCYCLOPEDIAS:	· Wanda Ellen Wakefield, Annotation, Validity Of State Statutes Providing For Termination Of Parental Rights, 22 ALR4th 774 (1983). §§ 5-9. Objections on grounds of discrimination; Equal protection
COMPILER:	Lawrence Cheeseman, Connecticut Judicial Department Law Library, One Court Street, Middletown, CT 06457. (860) 343-6560. EMAIL: Lawrence.cheeseman@jud.ct.gov

Section 1e

Notice and

Opportunity to Be Heard

A Guide to Resources in the Law Library

SCOPE:	Bibliographic sources relating to the constitutional guarantee of notice and the opportunity to be heard including determination of parental competency.
CURRENCY	· 2007-2008 Edition
DEFINITIONS:	· Mentally incompetent person: “one who is unable to understand the nature of the termination proceeding and unable to assist in the presentation of his or her case.” In re Alexander V., 223 Conn. 557, 563, 613 A.2d 780 (1992).
STATUTES:	· Conn. Gen. Stat. (2007) § 45a-716. Hearing on petition to terminate parental rights. Notice, Attorney General as party. (a) Upon receipt of a petition for termination of parental rights, the Court of Probate, or the Superior Court on a case transferred to it from the Court of Probate in accordance with the provisions of subsection (g) of section 45a-715, shall set a time and place for hearing the petition. The time for hearing shall be not more than thirty days after the filing of the petition, except, in the case of a petition for termination of parental rights based on consent that is filed on or after October 1, 2004, the time for hearing shall be not more than twenty days after the filing of such petition. . . .” (b) “The court shall cause notice of the hearing to be given to the following persons, as applicable: (1) The parent or parents of the minor child, including any parent who has been removed as guardian on or after October 1, 1973, under section 45a-606; (2) the father of any minor child born out of wedlock, provided at the time of the filing of the petition (A) he has been adjudicated the father of such child by a court of competent jurisdiction, (B) he has acknowledged in writing that he is the father of such child, (C) he has contributed regularly to the support of such child, (D) his name appears on the birth certificate, (E) he has filed a claim for paternity as provided under section 46b-172a, or (F) he has been named in the petition as the father of the child by the mother; (3) the guardian or any other person whom the court deems appropriate; (4) the Commissioner of Children and Families; and (5) the Attorney General . . . . (d) In any proceeding pending in the Court of Probate, in lieu of personal service on a parent or the father of a child born out of wedlock who is either a petitioner or who signs under penalty of false statement a written waiver of personal service on a form provided by the Probate Court Administrator, the court may order notice to be given by certified mail, return receipt requested, deliverable to addressee only, at least ten days before the date of the hearing. If such delivery cannot reasonably be effected, or if the whereabouts of the parents is unknown, notice shall be ordered to be given by publication as provided in subsection (c) of this section. § 45a-717. Termination of parental rights. Conduct of hearing, Investigation and report. Grounds for termination (a) “At the hearing held on any petition for the termination of parental rights . . . any party to whom notice was given shall have the right to appear and be heard with respect to the petition . . . .”
CASES:	· In re Alexander V., 223 Conn. 557, 566, 613 A.2d 780 (1992). “Accordingly we conclude that due process does not require a competency hearing in all termination cases but only when (1) the parent’s attorney requests such a hearing, or (2) in the absence of such a request, the conduct of the parent reasonably suggests to the court, in the exercise of its discretion, the desirability of ordering such a hearing sua sponte.”
WEST KEY NUMBERS:	· Constitutional Law # 274. Deprivation of personal rights in general. Privacy (5). Privacy; marriage, family and sexual matters · Mental Health # 472. Capacity to sue and be sued
DIGESTS:	· Connecticut Family Law Citations: Termination of Parental Rights
TEXTS & TREATISES:	· Ann M. Haralambie, Handling Child Custody, Abuse and Adoption Cases (1993). Chapter 13. Termination of Parental Rights § 13.04. Standing § 13.05. Service of process · 1 Joan Heifetz Hollinger et al., Adoption Law and Practice (2006). § 2.10[2].  State courts and statutory examples · 4 Sandra Morgan Little, Child Custody & Visitation Law and Practice (2007). Chapter 28. Termination of parental rights § 28.03. Procedural protections [1]. Service of process [2]. Notification of charges § 28.04[5]. Right to be physically present
COMPILER:	Lawrence Cheeseman, Connecticut Judicial Department Law Library, One Court Street, Middletown, CT 06457. (860) 343-6560. EMAIL: Lawrence.cheeseman@jud.ct.gov

Section 2

Termination by Consent

A Guide to Resources in the Law Library

SCOPE:	Bibliographic resources relating to the consensual termination of parental rights in Connecticut
CURRENCY	· 2007-2008 Edition
DEFINITIONS:	· If a parent who is consenting to the termination of such parent's parental rights appears at the hearing on the petition for termination of parental rights, the court shall explain to the parent the meaning and consequences of termination of parental rights. Nothing in this subsection shall be construed to require the appearance of a consenting parent at the hearing regarding the termination of such parent's parental rights except as otherwise provided by court order. Conn. Gen. Stat. § 45a-717(a) (2007). [emphasis added] · At the adjourned hearing or at the initial hearing where no investigation and report has been requested, the court may approve a petition for termination of parental rights based on consent filed pursuant to this section terminating the parental rights and may appoint a guardian of the person of the child, or if the petitioner requests, the court may appoint a statutory parent, if it finds, upon clear and convincing evidence that (1) the termination is in the best interest of the child and (2) such parent has voluntarily and knowingly consented to termination of the parent's parental rights with respect to such child. Conn. Gen. Stat. § 45a-717(f) (2007). [emphasis added] · If the court denies a petition for termination of parental rights based on consent, it may refer the matter to an agency to assess the needs of the child, the care the child is receiving and the plan of the parent for the child. Consent for the termination of the parental right of one parent does not diminish the parental rights of the other parent of the child nor does it relieve the other parent of the duty to support the child. Conn. Gen. Stat. § 45a-717(f) (2003).
STATUTES:	· Conn. Gen. Stat. (2007)   § 17a-112. Termination of parental rights of child committed to the Commissioner of Children and Families § 45a-715. Petition to terminate parental rights (d) If a petition indicates that either or both parents consent to the termination of their parental rights, or if at any time following the filing of a petition and before the entry of a decree a parent consents to the termination of his parental rights, each consenting parent shall acknowledge such consent on a form promulgated by the Office of the Chief Court Administrator evidencing to the satisfaction of the court that the parent has voluntarily and knowingly consented to the termination of his parental rights.  [partial]. § 45a-717. Termination of parental rights. Conduct of hearing. Investigation and report. Grounds for termination. (a)   If a parent who is consenting to the termination of such parent's parental rights appears at the hearing on the petition for termination of parental rights, the court shall explain to the parent the meaning and consequences of termination of parental rights. Nothing in this subsection shall be construed to require the appearance of a consenting parent at the hearing regarding the termination of such parent's parental rights except as otherwise provided by court order. [partial] (f)   If the court denies a petition for termination of parental rights based on consent, it may refer the matter to an agency to assess the needs of the child, the care the child is receiving and the plan of the parent for the child. [partial]
FORMS:	· Probate Court PC-600. Application, termination of parental rights PC-610. Affidavit, temporary custody, removal, termination or adoption · Superior Court JD-JM-40. Affidavit, consent of termination of parental rights · 19 Am Jur Pleading and Practice Forms Parent and Child (2007 Revision) § 97. Affidavit—Voluntary relinquishment by mother of parental rights
CASES:	· In Re Bruce R., 34 Conn. App. 176, 181, 640 A.2d 643 (1994), aff’d 234 Conn. 194 (1995). “We conclude that under the present statutory scheme a parent may petition for the termination of his or her own parental rights and that a petition for the termination of parental rights is not dependent on a pending adoption or state custodial placement.”
TEXTS:	Peter L. Costas, managing ed., Lawyers’ Deskbook: A Reference Manual, (2d ed. 2000). q Lynn B. Cochrane, Child Protection. "Termination of Parental Rights," pp. XVII-19. Paul Chill, The Law Of Child Abuse And Neglect In Connecticut (1997).  Chapter 3, Termination of Parental Rights. § 23. Termination by consent
COMPILER:	Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Branch Law Library, One Court Street, Middletown. (860) 343‑6560. EMAIL: Lawrence.cheeseman@jud.ct.gov

Table 4 Consent to TPR within 48 hours of birth or by minor

Consent to TPR within 48 Hours of Birth or by Parent Who is a Minor
Conn. Gen. Stats. § 17a-112(a) (2007) (partial)	“No consent to termination by a mother shall be executed within forty-eight hours immediately after the birth of such mother's child. A parent who is a minor shall have the right to consent to termination of parental rights and such consent shall not be voidable by reason of such minority. A guardian ad litem shall be appointed by the court to assure that such minor parent is giving an informed and voluntary consent.”
Conn. Gen. Stats. § 45a-715(d) (2003) (partial)	“No consent to termination by a mother shall be executed within forty-eight hours immediately after the birth of her child. A parent who is a minor shall have the right to consent to termination of parental rights and such consent shall not be voidable by reason of such minority. A guardian ad litem shall be appointed by the court to assure that such minor parent is giving an informed and voluntary consent.”

Section 3

Grounds (Nonconsensual)

A Guide to Resources in the Law Library

SCOPE:	Bibliographic sources relating to the rights in general of parents and foster parents in termination of parental rights cases in Connecticut
CURRENCY	· 2007-2008 Edition

· “‘Because the statutory grounds necessary to grant a petition for termination of parental rights are expressed in the disjunctive, the court need find only one ground to grant the petition. Thus, we may affirm the court's decision if we find that it properly concluded that any one of the statutory circumstances existed. In re Brea B., 75 Conn. App. 466, 473, 816 A.2d 707 (2003).’” In re Vanna A., 83 Conn. App. 17, 25,  847 A.2d 1073 (2004).

Table 5 Grounds for Termination

Grounds for Termination

“At the adjourned hearing or at the initial hearing where no investigation and report has been requested, the court may approve a petition terminating the parental rights and may appoint a guardian of the person of the child, or, if the petitioner requests, the court may appoint a statutory parent, if it finds, upon clear and convincing evidence, that (1) the termination is in the best interest of the child, and (2)

(A) the child has been abandoned by the parent in the sense that the parent has failed to maintain a reasonable degree of interest, concern or responsibility as to the welfare of the child;

(B) the child has been denied, by reason of an act or acts of parental commission or omission, including, but not limited to sexual molestation and exploitation, severe physical abuse or a pattern of abuse, the care, guidance or control necessary for the child's physical, educational, moral or emotional well-being. Nonaccidental or inadequately explained serious physical injury to a child shall constitute prima facie evidence of acts of parental commission or omission sufficient for the termination of parental rights;

(C) there is no ongoing parent-child relationship which is defined as the relationship that ordinarily develops as a result of a parent having met on a continuing, day-to-day basis the physical, emotional, moral and educational needs of the child and to allow further time for the establishment or reestablishment of the parent-child relationship would be detrimental to the best interests of the child;

(D) the parent of a child who (i) has been found by the Superior Court or the Probate Court to have been neglected or uncared for in a prior proceeding, or (ii) is found to be neglected or uncared for and has been in the custody of the commissioner for at least fifteen months and such parent has been provided specific steps to take to facilitate the return of the child to the parent pursuant to section 46b-129 and has failed to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child;

(E) the parent of a child, under the age of seven years who is neglected or uncared for, has failed, is unable or is unwilling to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable amount of time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child and such parent's parental rights of another child were previously terminated pursuant to a petition filed by the Commissioner of Children and Families;

(F) the parent has killed through deliberate, nonaccidental act another child of the parent or has requested, commanded, importuned, attempted, conspired or solicited such killing or has committed an assault, through deliberate, nonaccidental act that resulted in serious bodily injury of another child of the parent; or

(G) the parent was convicted as an adult or a delinquent by a court of competent jurisdiction of sexual assault resulting in the conception of the child except for a violation of section 53a-71 or 53a-73a, provided the court may terminate such parent's parental rights to such child at any time after such conviction.”

Conn. Gen. Stats. § 45a-717(g) (2007)

Section 3a

Abandonment

A Guide to Resources in the Law Library

SCOPE:	Bibliographic resources relating to the abandonment of a child as grounds for termination of parental rights in Connecticut
CURRENCY	· 2007-2008 Edition
DEFINITIONS:	· Abandoned “means left without provision for reasonable and necessary care or supervision” Conn. Gen. Stat. §46b-115a(1) (2007) · Temporary Emergency Jurisdiction: (a) A court of this state has temporary emergency jurisdiction if the child is present in this state and (1) the child has been abandoned” Conn. Gen. Stat. § 46b-115n (2007)
STATUTES:	· Conn. Gen. Stat. (2007) § 17a-112. Termination of parental rights of child committed to the Commissioner of Children and Families (j)(3)(A). The child has been abandoned by the parent in the sense that the parent has failed to maintain a reasonable degree of interest, concern or responsibility as to the welfare of the child . . . . § 45a-717. Termination of parental rights. Grounds for termination (g) (2) (A). [T]he child has been abandoned by the parent in the sense that the parent has failed to maintain a reasonable degree of interest, concern or responsibility as to the welfare of the child;
CASES:	· In re Alexander C., 67 Conn. App. 417, 426, 787 A.2d 608 (2001). "In the context of termination of parental rights due to abandonment, this court has stated that among the generally understood obligations of parenthood are the expression of love and affection for the child, and the expression of personal concern over the health, education and general well-being of the child." · In re Deana E., 61 Conn. App. 185, 193, 763 A.2d 37 (2000). “‘The commonly understood general obligation of parenthood entail these minimum attributes: (1) express love and affection for the child; (2) express personal concern over the health, education and general well-being of the child; (3) duty to supply the necessary food, clothing, and medical care; (4) the duty to provide an adequate domicile; and (5) the duty to furnish social and religious guidance.’” [original quote from In re Adoption of Webb, 14 Wash. App. 651, 657, 544 P.2d 130(1975)]. · In re Terrance C., 58 Conn. App. 389, 394-395, 755 A.2d 232 (2000). “Incarceration alone, however, is not sufficient to establish the statutory grounds for abandonment.” · In re Kezia M., 33 Conn. App. 12, 17-18, 632 A.2d 1122, cert. den., 228 Conn. 915 (1993). “Abandonment focuses on the parent’s conduct . . . . Abandonment occurs where a parent fails to visit a child, does not display love or affection for the child, does not personally interact with the child, and demonstrates no concern for the child’s welfare.” · In Re Rayna M., 13 Conn. App. 23, 37, 534 A.2d 897 (1987). "It is not lack of interest alone which is the criterion in determining abandonment. Abandonment under General Statutes 17‑43a(b)(1) requires failure to maintain "interest, concern or responsibility as to the welfare of the child." "Attempts to achieve contact with a child, telephone calls, the sending of cards and gifts, and financial support are indicia of `interest, concern or responsibility' for the welfare of a child." · In re Luke G., 40 Conn. Sup. 316, 323, 498 A. 2d 1054 (1985). "Where a parent fails to visit a child, fails to display any love or affection for the child, has no personal interaction with the child, and no concern for the child's welfare, statutory abandonment has occurred."
WEST KEY NUMBERS:	· Infants # 157. Abandonment or absence of parent
ENCYCLOPEDIAS:	· Grounds For Termination Of Parental Rights, 32 POF3d 83 § 4 (1995) · Cause of Action for Adoption Without Consent Of Parent On Grounds Of Abandonment. 16 COA 219 (1988). · Annotation, What Constitutes Abandonment Or Desertion Of Child By Its Parent Or Parents Within Purview Of Adoption Laws, 35 ALR2d 662 (1954).
TEXTS:	· Peter L. Costas, managing ed., Lawyers’ Deskbook: A Reference Manual, (2d ed. 2000). Lynn B. Cochrane, Child Protection. "Termination of Parental Rights," pp. XVII-19. · Paul Chill, The Law Of Child Abuse And Neglect In Connecticut (1997). Chapter 3, Termination of Parental Rights.  § 24. Nonconsensual Termination: Grounds A. Abandonment
LAW REVIEWS:	· Matthew R. Asman, Note, The Rights Of A Foster Parent Versus The Biological Parent Who Abandoned The Child: Where Do The Best Interest Of The Child Lie? 8 Connecticut Probate Law Journal 93 (1993). · Verna Lilburn, Note, Abandonment As Grounds For The Termination Of Parental Rights, 5 Connecticut Probate Law Journal 263 (1991).
COMPILER:	Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Branch Law Library, One Court Street, Middletown. (860) 343‑6560. EMAIL: Lawrence.cheeseman@jud.ct.gov

Table 6 ALR Annotations on Factors in TPR

ALR Annotations on Factors in Termination of Parental Rights
Drug use	· Mary E. Taylor, Annotation, Parent’s Use Of Drugs As Factor In Awarding Of Custody Of Children, Visitation Rights Or Termination Of Parental Rights, 20 ALR5th 534 (1994). · James G. Hodge, Annotation, Prosecution of Mother for Prenatal Substance Abuse Based Upon Endangerment of or Delivery of Controlled Substance to Child, 70 ALR5th 461 (1999).
Education	· Kurtis A. Kemper, Annotation, Determination That Child is Neglected or Dependent, or That Parental Rights Should be Terminated, on Basis That Parents Has Failed to Provide for Child’s Education, 6 ALR6th 161 (2005).
Failure to Care for Child	Gregory D. Sarno, Annotation, Parent’s Involuntary Confinement, or Failure to Care for Child as Evincing Neglect, Unfitness, or the Like in Dependency or Divestiture Proceeding, 79 ALR3rd 417 (1977).
Geographic Location	Wanda Ellen Wakefield, Annotation, Desire of Child as to Geographical Location of Residence or Domicile as Factor in Awarding Custody or Terminating Parental Rights, 10 ALR4th 827 (1981).
Indigence	· Claudia G. Catalano, Annotation, Natural Parent’s Indigence As Precluding Finding That Failure To Support Child Waived Requirements Of Consent To Adoption—Factors Other Than Employment Status, 84 ALR5th 191 (2000). · Claudia G. Catalano, Annotation, Natural Parent’s Indigence Resulting From Unemployment Or Underemployment As Precluding Finding That Failure To Support Child Waived Requirement Of Consent To Adoption, 83 ALR5th 375 (2000). · Claudia G. Catalano, Comment Note, Natural Parent’s Indigence As Precluding Finding That Failure To Support Child Waived Requirement Of Consent To Adoption—General Principles, 82 ALR5th 443 (2000).
Legal Malpractice	· Jay M. Zitter, Annotation, Legal Malpractice in Defense of Parents at Proceedings to Terminate Parental Rights Over Dependent or Neglected Children, 18 ALR5th 902 (1994).
Mental deficiency	· Sherry S. Zimmerman, Annotation, Parents’ Mental Illness or Mental Deficiency as Ground for Termination of Parental Rights—Issues Concerning Rehabilitative and Reunification Services, 12 ALR6th 417 (2006). · Sherry S. Zimmerman, Annotation, Parents’ Mental Illness or Mental Deficiency as Ground for Termination of Parental Rights—Evidentiary Issues, 122 ALR5th 385 (2004). · Sherry S. Zimmerman, Annotation, Parents’ Mental Illness or Mental Deficiency as Ground for Termination of Parental Rights—Issues Concerning Guardian Ad Litem and Counsel (2004), 118 ALR5th 561 (2004). · Sherry S. Zimmerman, Annotation, Parents’ Mental Illness or Mental Deficiency as Ground for Termination of Parental Rights—Applicability if Americans with Disabilities, 119 ALR5th 351 (2004). · Sherry S. Zimmerman, Annotation, Parents’ Mental Illness or Mental Deficiency as Ground for Termination of Parental Rights—Best Interests Analysis (2004), 117 ALR5th 349 (2004). · Sherry S. Zimmerman, Annotation, Parents’ Mental Illness or Mental Deficiency as Ground for Termination of Parental Rights—Effect on Parenting Ability and Parental Rights, 116 ALR5th 559 (2004). · Sherry S. Zimmerman, Annotation, Parents’ Mental Illness or Mental Deficiency as Ground for Termination of Parental Rights—General Considerations (2003), 113 ALR5th 349 (2003). · Sherry S. Zimmerman, Annotation, Parents’ Mental Illness or Mental Deficiency as Ground for Termination of Parental Rights—Constitutional Issues, 110 ALR5th 579 (2003). · Anne M. Payne, Annotation, Parent’s Mental Deficiency as Factor in Termination of Parental Rights—Modern Status, 1 ALR5th 469 (1992).
Regaining Custody after Relinquishment	· George L. Blum, Annotation, Right Of Parent To Regain Custody Of Child After Temporary Conditional Relinquishment Of Custody, 6 ALR6th 229 (2005).
Transsexuality of parent	Michael P. Sullivan, Annotation, Parent’s Transsexuality As Factor In Award Of Custody Of Children, Visitation Rights, Or Termination Of Parental Rights, 59 ALR4th 1170 (1988).

Section 3b

Act(s) of Parental Commission or Omission

A Guide to Resources in the Law Library

SCOPE:	Bibliographic sources relating to termination of parental rights in Connecticut on the grounds of the denial of the care, guidance or control necessary for the child's physical, educational, moral or emotional well-being because of parental omissions or commissions.
CURRENCY	2007-2008 Edition
DEFINITIONS:	· “[T]he child has been denied, by reason of an act or acts of parental commission or omission, including, but not limited to sexual molestation and exploitation, severe physical abuse or a pattern of abuse, the care, guidance or control necessary for the child's physical, educational, moral or emotional well-being. Nonaccidental or inadequately explained serious physical injury to a child shall constitute prima facie evidence of acts of parental commission or omission sufficient for the termination of parental rights;” Conn. Gen. Stats. § 45a-717(g)(2)(B) (2007). · Abused: “means that a child or youth (A) has been inflicted with physical injury or injuries other than by accidental means, or (B) has injuries that are at variance with the history given of them, or (C) is in a condition that is the result of maltreatment such as, but not limited to, malnutrition, sexual molestation or exploitation, deprivation of necessities, emotional maltreatment or cruel punishment . . . .” Gen. Stat. § 46b-120(4) (2007) (Effective October 1, 2007). · Emotional injury: “There is nothing in this clear statutory language that limits the acts of commission or omission to the serious physical injury of a child, rather than the serious emotional injury of a child.” In re Seah H., 24 Conn. App. 135, 144, 586 A.2d 1171 (1991), cert. den. 218 Conn. 904. · Prima facie evidence: “The language regarding prima facie evidence shifts the burden of proof from the petitioner to the parent to show why a child with clear evidence of physical injury that is unexplained should not be permanently removed from that parent’s care.” Ibid.
STATUTES:	· Conn. Gen. Stat. (2007) § 17a-112(j)(3)(C). “[T]he child has been denied, by reason of an act or acts of parental commission or omission including, but not limited to, sexual molestation or exploitation, severe physical abuse or a pattern of abuse, the care, guidance or control necessary for the child's physical, educational, moral or emotional well-being, except that nonaccidental or inadequately explained serious physical injury to a child shall constitute prima facie evidence of acts of parental commission or omission sufficient for the termination of parental rights . . . .” § 45a-717(g)(2)(B). “[T]he child has been denied, by reason of an act or acts of parental commission or omission, including, but not limited to sexual molestation and exploitation, severe physical abuse or a pattern of abuse, the care, guidance or control necessary for the child's physical, educational, moral or emotional well-being. Nonaccidental or inadequately explained serious physical injury to a child shall constitute prima facie evidence of acts of parental commission or omission sufficient for the termination of parental rights . . . . .”
CASES:	· In re Carissa K., 55 Conn. App. 768, 782-3, 740 A.2d 1232 (1999). “The court found that C had been sexually abused by D because the department’s expert testified that C’s description of abuse was articulate and that she was able to make distinctions between what her maternal uncle did to her and what D did to her.”  · In re Tabitha T., 51 Conn. App. 595, 603, 722 A.2d 1232 (1999). “While the children were in the respondent’s care, the respondent failed to protect them from sexual abuse by their older brother. At one point, the respondent specifically told Tabitha not to disclose to therapist Martha Roberts anything about the sexual abuse or any other goings on of the family.” · In Re Felicia D., 35 Conn. App. 490, 502, 646 A.2d 862 (1994), cert. den. 231 Conn. 931 (1994). “The trial court found that Janelle was a victim of sexual abuse, and had sustained serious head injuries. Janelle received the injuries while in the respondent's care and the respondent offered no explanation consistent with those injuries.  The court also found that although the respondent was not the person who inflicted serious physical injury on Janelle, she continually exposed her to the risk of serious injury by associating with dangerous men.  She did not act to protect Janelle from sustaining the injuries she received, and she did not acknowledge the possibility that her husband, Peter Signorino, might have caused the injuries. These circumstances, the court held, cast grave doubt on the respondent's ability to parent.  We conclude that the trial court's conclusion that this ground for termination existed as to Janelle is legally correct and factually supported.” · In re Seah H., 24 Conn. App. 135, 146, 586 A.2d 1171 (1991), cert. den. 218 Conn. 904. “We conclude that the statutory language ‘acts of commission and omission’ applies to custodial and noncustodial parents alike . . . .” · In re Luke G. 40 Conn. Supp. 316, 324, 498 A.2d 1054 (1985). “The legislative history of § 45-61f (f)[now 45a-717(g)(2)] makes it clear that it was added to the law so that seriously abused children could be removed permanently from the care of the parent inflicting such abuse.”
WEST KEY NUMBERS:	· Infants # 179. Evidence. Weight and sufficiency. Deprivation, neglect or abuse
ENCYCLOPEDIAS:	· Elizabeth Trainor, Annotation, Sufficiency Of Evidence To Establish Parent’s Knowledge Or Allowance Of Child’s Sexual Abuse By Another Under Statute Permitting Termination Of Parental Rights For “Allowing” Or “Knowingly Allowing” Such Abuse To Occur, 53 ALR5th 499 (1997). · 32 POF3d 83 (1995). Grounds For Termination Of Parental Rights. § 28. Physical evidence of neglect or abuse § 29. Unexplained injuries § 30. Expert opinion that child has been abused
TEXTS:	· Paul Chill, The Law Of Child Abuse And Neglect In Connecticut (1997). Chapter 3, Termination of Parental Rights. § 24. Nonconsensual Termination: Grounds C. Acts of commission/omission
LAW REVIEWS:	· Michael J. Keenan, Note, Connecticut’s Trend In The Termination Of Parental Rights And What Can Be Done To Further It, 10 Connecticut Probate Law Journal 269 (1996).
COMPILER:	Lawrence Cheeseman, Connecticut Judicial Branch Law Library, One Court Street, Middletown. (860) 343‑6560. EMAIL: Lawrence.cheeseman@jud.ct.gov

Section 3c 

No Ongoing

Parent-Child

Relationship

A Guide to Resources in the Law Library

SCOPE:	Bibliographic sources relating to termination of parental rights in Connecticut on the grounds of no on-going parent-child relationship.
CURRENCY	· 2007-2008 Edition
DEFINITIONS:	· “[T]here is no ongoing parent-child relationship which is defined as the relationship that ordinarily develops as a result of a parent having met on a continuing, day-to-day basis the physical, emotional, moral and educational needs of the child and to allow further time for the establishment or reestablishment of the parent-child relationship would be detrimental to the best interests of the child . . . Conn. Gen. Stats. § 45a-717(g)(2)(C) (2007).
STATUTES:	· Conn. Gen. Stat. (2007). 17a-112(j)(3)(D). [T]here is no ongoing parent-child relationship, which means the relationship that ordinarily develops as a result of a parent having met on a day-to-day basis the physical, emotional, moral and educational needs of the child and to allow further time for the establishment or reestablishment of such parent-child relationship would be detrimental to the best interest of the child . . .” § 45a-717(g)(2)(C). “[T]here is no ongoing parent-child relationship which is defined as the relationship that ordinarily develops as a result of a parent having met on a continuing, day-to-day basis the physical, emotional, moral and educational needs of the child and to allow further time for the establishment or reestablishment of the parent-child relationship would be detrimental to the best interests of the child . . . .”
CASES:	· In re Christian P., 98 Conn. App. 264, 269, 907 A.2d 1261 (2006). “‘This part of the statute requires the trial court to undertake a two-pronged analysis. First, there must be a determination that no parent-child relationship exists, and second, the court must look into the future and determine whether it would be detrimental to the child's best interest to allow time for such a relationship to develop. . . . In considering whether an ongoing parent-child relationship exists, the feelings of the child are of paramount importance. . . . The ultimate question is whether the child has no present memories or feelings for the natural parent. . . . Feelings for the natural parent connotes feelings of a positive nature only.’ (Citations omitted; internal quotation marks omitted.) In re Jonathon G., 63 Conn. App. 516.” · 525, 777 A.2d 695 (2001). · In re Alexander C., 67 Conn. App. 417, 426-427, 787 A.2d 608 (2001). "The respondent's separation from the child, his failure to seek out supervised visitation and his lack of interest in the child's life precluded the development of an ongoing parent-child relationship. We conclude, therefore, that the court's finding of a lack of an ongoing parent-child relationship was legally correct and factually supported." · In re Shane P., 58 Conn. App. 234, 240-241, 753 A.2d 409 (2000). “The evidence before the court was sufficient to support the conclusion that the child has no present memories of or feelings for the respondent. Shane does not refer to the respondent as his mother and has no memories of any maternal relationship with her. The respondent admitted at trial that Shane does not know her as he should know his mother. Rather, Shane refers to his foster mother as his mother. Although Shane does warm to the respondent when visiting her in prison, he is not eager to see her initially and seeks comfort from his foster parents after visits.” · In Re Passionique T., 44 Conn.Supp. 551, 563-4, 695 A.2d 1107 (1996). “The child clearly knows that Linda T. is her mommy - or one of her mommies - and has no aversion or documented negative reaction to her visits. Even if Karen M. is identified as her principal mommy after eighteen months of being her primary caretaker, the fact that this is a natural result when custody is removed from a biological parent by action of the department is a bar to using this fact to establish this ground for termination.” . · In re Valerie D., 223 Conn. 492, 494-495, 613 A.2d 748 (1992). “The dispositive issues in this appeal are whether: (1) General Statutes 45a-717 (f) (2)[fn1] permits the termination of the parental rights of the mother of an infant based upon the mother's prenatal conduct of injecting cocaine;” · In re Jessica M., 217 Conn. 459, 469, 586 A.2d 597 (1991). “The Appellate Court, applying the statutory standard of ‘no ongoing parent-child relationship’ in the light of our decisions, has correctly concluded that the statute requires that a child have some ‘present memories or feelings for the natural parent’ that are positive in nature.” · In Re Karrlo K. 44 Conn. Supp. 101, 116, 669 A.2d 1249 (1994). “No ongoing parent-child relationship contemplates a situation in which, regardless of fault, a child either has never known their parents, or that no relationship has ever developed between them, or has definitely lost that relationship, so that despite its former existence it has now been completely displaced. In any case, the ultimate question is ‘whether the child has no present memories or feelings for the natural parent’ . . . . The mere recognition of an individual as a parent will not defeat this ground.” · In Re Kezia M. 33 Conn.App.12, 20, 632 A.2d 1122 (1993). “This part of the statute requires the trial court to undertake a two-pronged analysis.  First, there must be a determination that no parent-child relationship exists, and second, the court must look into the future and determine whether it would be detrimental to the child's best interest to allow time for such a relationship to develop.”
ENCYCLOPEDIAS:	· Mary E. Taylor, Annotation, Parent’s Use Of Drugs As Factor In Award Of Custody Of Children, Visitation Rights, Or Termination Of Parental Rights, 20 ALR5th 534 (1994).
TEXTS:	· Paul Chill, The Law Of Child Abuse And Neglect In Connecticut (1997). Chapter 3, Termination of Parental Rights. D. No ongoing parent-child relationship
LAW REVIEWS:	· Michael J. Keenan, Note, Connecticut’s Trend In The Termination Of Parental Rights And What Can Be Done To Further It, 10 Connecticut Probate Law Journal 269 (1996). · Sharon I. Farquharson, Comment, The “Two Prong” Inquiry—The Best Alternative For Conflicting Rights Involved In Proceedings For Termination Of Parental Rights, 13 Connecticut .Law Review 709 (1981).
COMPILER:	Lawrence Cheeseman, Connecticut Judicial Branch Law Library, One Court Street, Middletown. (860) 343‑6560. EMAIL: Lawrence.cheeseman@jud.ct.gov

Section 3d 

Neglected & Uncared for

A Guide to Resources in the Law Library

SCOPE:	Bibliographic references relating to termination of parental rights in Connecticut on the grounds of neglect and uncared  for child.
CURRENCY	· 2007-2008 Edition
SEE ALSO:	· § 3e. Failure to rehabilitate
DEFINITIONS:	· Neglected: “(9) a child or youth may be found "neglected" who (A) has been abandoned, or (B) is being denied proper care and attention, physically, educationally, emotionally or morally, or (C) is being permitted to live under conditions, circumstances or associations injurious to the well-being of the child or youth, or (D) has been abused . . . ” Conn. Gen. Stat. § 46b-120(8) (2007). · Uncared for: “a child or youth may be found "uncared for" who is homeless or whose home cannot provide the specialized care that the physical, emotional or mental condition of the child requires. For the purposes of this section, the treatment of any child by an accredited Christian Science practitioner in lieu of treatment by a licensed practitioner of the healing arts, shall not of itself constitute neglect or maltreatment; . . .” Conn. Gen. Stat. § 46b-120(10) (2007).
STATUTES:	· Conn. Gen. Stat. (2007). § 17a-112(j)(3)(B) and (E). Termination of parental rights of child committed to Commissioner of Children and Families. § 45a-717(g)(2) (D). “[T]he parent of a child who (i) has been found by the Superior Court or the Probate Court to have been neglected or uncared for in a prior proceeding, or (ii) is found to be neglected or uncared for and has been in the custody of the commissioner for at least fifteen months and such parent has been provided specific steps to take to facilitate the return of the child to the parent pursuant to section 46b-129 and has failed to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child . . . .” (E). “[T]he parent of a child, under the age of seven years who is neglected or uncared for, has failed, is unable or is unwilling to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable amount of time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child and such parent's parental rights of another child were previously terminated pursuant to a petition filed by the Commissioner of Children and Families . . . .”
CASES:	· In re Michael D., 58 Conn. App. 119, 124, 752 A.2d 1135 (2000), cert. den. 245 Conn. 911 (2000). “Our statutes clearly and explicitly recognize the state's authority to act before harm occurs to protect children whose health and welfare may be adversely affected and not just children whose welfare has been affected. The commissioner need not show, but need simply allege, that there is a potential for harm to occur.” · In re Kelly S., 29 Conn. App. 600, 613, 616 A.2d 1161 (1992). “Actual incidents of abuse or neglect are not required in determining that a child is uncared for under the "specialized needs" section of the statute . . . . For purposes of commitment of a child to the custody of the commissioner pursuant to 46b-129, proof of ongoing parenting deficiencies is sufficient to satisfy the statute where those deficiencies mean that the child's home is unable to provide the care required for her special needs.”
WEST KEY NUMBERS:	· Infants #156. Deprivation, neglect, or abuse
ENCYCLOPEDIAS:	· 59 Am Jur 2d Parent and Child (2002). § 16. Termination of relationship § 36. Loss or forfeiture of right § 37. —Burden of proof · 43 C.J.S. Infants (2004). § 20. Termination of parental rights. Generally § 21. —. Policy considerations and determinative factors § 22. —. Best interest of the child · Grounds For Termination Of Parental Rights, 32 POF3d 83 (1995) [See Table 6]. § 3. Grounds for termination of parental rights § 6. —Neglect. § 7. —Abuse · Child Neglect, 3 POF2d 265 (1974). §§ 25-43. Proof of physical neglect—malnutrition and lack of adequate clothing §§ 44-71. Proof of emotional neglect—child’s emotional well-being endangered by parent’s disturbed condition §§ 72-80. Proof of medical neglect—parent’s refusal to consent to blood transfusion during surgery for alleviation of facial disfigurement · Juvenile Court Proceedings,14 Trials 619 (1968). § 8. Neglected children
TEXTS:	· Paul Chill, The Law Of Child Abuse And Neglect In Connecticut (1997). Chapter 3, Termination of Parental Rights. B. Failure to rehabilitate E. Predictive failure to rehabilitate
LAW REVIEWS:	· Michael J. Keenan, Note, Connecticut’s Trend In The Termination Of Parental Rights And What Can Be Done To Further It, 10 Connecticut Probate Law Journal 269 (1996). · John Gesmonde, Comment, Emotional Neglect In Connecticut, 5 Connecticut Law Review 100 (1972).
COMPILER:	Lawrence Cheeseman, Connecticut Judicial Branch Law Library, One Court Street, Middletown. (860) 343‑6560. EMAIL: Lawrence.cheeseman@jud.ct.gov

Section 3e

Failure to Rehabilitate

A Guide to Resources in the Law Library

SCOPE:	Bibliographic resources relating to termination of parental rights in Connecticut on the grounds of parent’s failure to rehabilitate themselves.
CURRENCY	· 2007-2008 Edition
SEE ALSO:	· § 3d  Neglected or Uncared for
DEFINITIONS:	· Personal rehabilitation “as used in the statute refers to the restoration of a parent to his or her former constructive and useful role as a parent.” In re Migdalia M., 6 Conn. App. 194, 203, 504 A.2d 533 (1986). · “‘Personal rehabilitation refers to the reasonable foreseeability of the restoration of a parent to his or her former constructive and useful role as a parent, not merely the ability to manage his or her own life.’ (Internal quotation marks omitted.) In re Stanley D., 61 Conn. App. 224, 230, 763 A.2d 83 (2000).” In re Kristy, 83 Conn. App. 298, 316,  848 A.2d 1276 (2004). · Two Prong Test: “Both prongs of the test must be met to terminate parental rights for failure to achieve rehabilitation: one, that the parent has failed to achieve rehabilitation and, two, that there is no reason to believe that the parent could assume a responsible position in the life of the child within a reasonable time, considering the age and needs of the child.” In re Roshawn R., 51 Conn. App. 44, 55, 720 A.2d 1112 (1998).
STATUTES:	· Conn. Gen. Stat. (2007). § 17a-112 (a). Termination of parental rights of child committed to Commissioner of Children and Families. Cooperative postadoption agreements. Placement of child from another state. Interstate Compact on the Placement of Children. § 45a-717(g)(2) (D). [T]he parent of a child who (i) has been found by the Superior Court or the Probate Court to have been neglected or uncared for in a prior proceeding, or (ii) is found to be neglected or uncared for and has been in the custody of the commissioner for at least fifteen months and such parent has been provided specific steps to take to facilitate the return of the child to the parent pursuant to section 46b-129 and has failed to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child;  (emphasis added). (E). “[T]he parent of a child, under the age of seven years who is neglected or uncared for, has failed, is unable or is unwilling to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable amount of time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child and such parent's parental rights of another child were previously terminated pursuant to a petition filed by the Commissioner of Children and Families;” (emphasis added).
CASES:	· In Re Lee, 104 Conn. App. 121, 136-137. (2007) “The respondent's argument loses sight of the fact that, for the purpose of the court's ultimate determination regarding whether her parental rights should be terminated, the relevant testimony elicited from the respondent was that she permitted someone who she knew very clearly had a problem with substance abuse to reside in her home with her children. Because the court found that the respondent generally was aware of her fifth husband's drinking problem, it was appropriate for the court to consider this as a factor when assessing the respondent's progress toward rehabilitation.” · In re Jeisean M., 270 Conn. 382, 399-400, 852 A.2d 643 (2004). We conclude that the record supports the trial court's finding that the commissioner had proved by clear and convincing evidence that the respondent had failed to attain a degree of rehabilitation sufficient to warrant the belief that, at some time in the foreseeable future, she would be capable of assuming a responsible position with respect to her child's care. There was ample evidence of the respondent's documented struggle with drug abuse, inability to secure and maintain adequate employment and income, inability to live independently and inexplicable absences from scheduled visits to see Jeisean. The respondent, however, points to evidence establishing that she had progressed in achieving stability in her life. For example, at the time of the trial court's February 15, 2002 decision, the respondent was working part-time at Springfield College. In addition, in the fall of 2001, she completed a ten session parenting class for which she received a certificate of completion. In light of all the evidence, however, we cannot say that the trial court was clearly erroneous in concluding that the commissioner had met her burden of showing by clear and convincing evidence that the respondent had failed to reach such a degree of rehabilitation as would encourage the belief that, within a reasonable period of time, she could assume a responsible position in Jeisean's life. · In re Samantha, 268 Conn. 614, 628-629, 847 A.2d 883 (2004). “‘The sole ground alleged in this petition was that the respondents had failed to achieve rehabilitation pursuant to § 17a-112 (j)(3)(B) (ii), which allows for termination if a child has been found to be neglected, and the parents have ‘failed to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child. . . .’ ‘Personal rehabilitation . . . refers to the restoration of a parent to his or her former constructive and useful role as a parent . . .[and] requires the trial court to analyze the [parent's] rehabilitative status as it relates to the needs of the particular child, and further, that such rehabilitation must be foreseeable within a reasonable time. . . . The statute does not require [a parent] to prove precisely when she will be able to assume a responsible position in her child's life. Nor does it require her to prove that she will be able to assume full responsibility for her child, unaided by available support systems. It requires the court to find, by clear and convincing evidence, that the level of rehabilitation she has achieved, if any, falls short of that which would reasonably encourage a belief that at some future date she can assume a responsible position in her child's life.’ (Citations omitted; internal quotation marks omitted.)” In re Eden F., supra, 250 Conn. 706. · In re Vincent D., 65 Conn. App. 658, 669, 783 A.2d 534 (2001). "Pursuant to § 17a-112 (c) (3) (B), the failure of a parent to achieve sufficient personal rehabilitation is one of six grounds for termination of parental rights. This ground has been established if the parent of a child, after a judicial finding of neglect, fails to achieve a degree of rehabilitation sufficient to encourage the belief that at some future date within a reasonable time, considering the age and needs of the child, the parent could assume a responsible position in the life of that child.” · In re Cesar G., 56 Conn. App. 289, 292-3, 742 A.2d 428 (2000). “‘The burden is clearly upon the persons applying for the revocation of commitment to allege and prove that cause for commitment no longer exists. Once that has been established, the inquiry becomes whether a continuation of the commitment will nevertheless serve the child's best interests. On this point, when it is the natural parents who have moved to revoke commitment, the state must prove that it would not be in the best interests of the child to be returned to his or her natural parents. In re Juvenile Appeal (Anonymous), 177 Conn. 648, 659, 420 A.2d 875 (1979).’ In re Thomas L., 4 Conn. App. 56, 57, 492 A.2d 229 (1985).” · In Re Passionique T., 44 Conn. Sup. 551, 564, 695 A.2d 1107 (1996). “[T]he simple gauge for the existence of this ground is the answer to the question: Is the parent, on the adjudicatory date, any closer to being able to provide satisfactorily for the neglected child than she was on the date the child's custody was removed?”
WEST KEY NUMBERS:	· Infants #155. Dependent and neglected children; conflict with parental rights. Termination of parental rights and other permanent actions #156. ____. Deprivation, neglect or abuse
TEXTS:	· Paul Chill, The Law Of Child Abuse And Neglect In Connecticut (1997). Chapter 3, Termination of Parental Rights. B. Failure to rehabilitate E. Predictive failure to rehabilitate
LAW REVIEWS:	· Sharon I. Farquharson, Comment, The “Two Prong” Inquiry—The Best Alternative For Conflicting Rights Involved In Proceedings For Termination Of Parental Rights, 13 Connecticut .Law Review 709 (1981).
COMPILER:	Lawrence Cheeseman, Connecticut Judicial Branch Law Library, One Court Street, Middletown. (860) 343‑6560. EMAIL: Lawrence.cheeseman@jud.ct.gov

Section 3f

Parent Has Killed or Committed an Assault Upon Another Child of the Parent

A Guide to Resources in the Law Library

SCOPE:	Bibliographic sources relating to termination of parental rights in Connecticut on the grounds of the deliberate killing or attempt to kill or committing an assault resulted in serious bodily injury upon another child of the parent.
CURRENCY	· 2007-2008 Edition
DEFINITIONS:	· “[T]he parent has killed through deliberate, nonaccidental act another child of the parent or has requested, commanded, importuned, attempted, conspired or solicited such killing or has committed an assault, through deliberate, nonaccidental act that resulted in serious bodily injury of another child of the parent;” Conn.Gen. Stats. § 45a-717(g)(2)(F) (2003)
STATUTES:	· Conn. Gen. Stat. (2007) § 17a-112(j)(3)(F). “[T]he parent has killed through deliberate, nonaccidental act another child of the parent or has requested, commanded, importuned, attempted, conspired or solicited such killing or has committed an assault, through deliberate, nonaccidental act that resulted in serious bodily injury of another child of the parent;” § 45a-717(g)(2)(F).  “[T]he parent has killed through deliberate, nonaccidental act another child of the parent or has requested, commanded, importuned, attempted, conspired or solicited such killing or has committed an assault, through deliberate, nonaccidental act that resulted in serious bodily injury of another child of the parent;”
LEGISLATIVE:	· 1998 Conn. Acts 241 §§ 8 and 9 · Conn. General Assembly, Office of Legislative Research, Federal Adoption and Safe Families Requirements, OLR Report 98-R-0627 (April 17, 1998). http://www.cga.state.ct.us/ps98/rpt/olr/98-r-0627.doc
TEXTS:	· Ralph H. Folsom & Gayle B. Wilhelm , Incapacity, Powers Of Attorney and Adoption in Connecticut 3d (2002). § 5:8. Hearing, investigation and report, ground for termination of parental rights, consent terminations. See especially pp. 5-22 to –23.
COMPILER:	Lawrence Cheeseman, Connecticut Judicial Branch Law Library, One Court Street, Middletown. (860) 343‑6560. EMAIL: Lawrence.cheeseman@jud.ct.gov

Section 3g

Parent Convicted of Sexual Assault Resulting in Conception of the Child

A Guide to Resources in the Law Library

SCOPE:	Bibliographic sources relating to termination of parental rights in Connecticut upon the grounds of a conviction of sexual assault resulting in the conception of  a child.
CURRENCY	· 2007-2008 Edition
DEFINITIONS:	· “[T]he parent was convicted as an adult or a delinquent by a court of competent jurisdiction of a sexual assault resulting in the conception of the child, except a conviction for a violation of section 53a-71 or 53a-73a, provided the court may terminate such parent's parental rights to such child at any time after such conviction.” Conn.Gen. Stats. § 45a-717(g)(2)(G) (2007)
STATUTES:	· Conn. Gen. Stat. (2007). § 17a-112(j)(3)(G). [T]he parent was convicted as an adult or a delinquent by a court of competent jurisdiction of a sexual assault resulting in the conception of the child, except a conviction for a violation of section 53a-71 or 53a-73a, provided the court may terminate such parent's parental rights to such child at any time after such conviction. § 45a-717(g)(2)(G). “[T]he parent was convicted as an adult or a delinquent by a court of competent jurisdiction of sexual assault resulting in the conception of a child except for a violation of section 53a-71 or 53a-73a provided the court may terminate such parent's parental rights to such child at any time after such conviction.”
LEGISLATIVE:	· 1998 Conn. Acts 241 §§ 8 and 9. · 2000 Conn. Acts 137 §§ 1 and 12 · Conn. General Assembly, Office of Legislative Research, Federal Adoption and Safe Families Requirements, OLR Report 98-R-0627 (April 17, 1998). http://www.cga.state.ct.us/ps98/rpt/olr/98-r-0627.doc
TEXTS:	· Ralph H. Folsom & Gayle B. Wilhelm , Incapacity, Powers Of Attorney and Adoption in Connecticut 3d (2007). § 5:8. Hearing, investigation and report, ground for termination of parental rights, consent terminations.
COMPILER:	Lawrence Cheeseman, Connecticut Judicial Branch Law Library, One Court Street, Middletown. (860) 343‑6560. EMAIL: Lawrence.cheeseman@jud.ct.gov

Table 7 Proof of Grounds for Terminating Parental Rights

Proof of Grounds for Terminating Parental Rights 32 POF 3d 83 (1995) Jacqueline D. Stanley
II. Elements of Proof
	§ 11. Proof of grounds for termination of parental rights; Checklist
III. Model Discovery
	§ 12. Petitioner’s interrogatories to defendant
IV. Proof of grounds for terminating parental rights
A. Testimony of social worker	§ 13. Failure to provide appropriate supervision § 14. Failure to provide a stable home § 15. Failure to provide necessities § 16. Signs of alcohol or drug abuse § 17. Failure to provide contact, love or affection § 18. Failure to support, contact or plan for the future of child in foster care
B. Testimony of Psychologist	§ 20. Mental incapacity § 21. Emotional instability § 22. Overall observations
C. Testimony of Natural Father [Defendant]	§ 23. Failure to resume custody of a child in foster care § 24. Failure to provide financial support § 25. Failure to contact or communicate with child § 26. Incarceration § 27. Failure to use available resources
D. Testimony of Pediatrician	§ 28. Physical evidence of neglect or abuse § 29. Unexplained injuries § 30. Expert opinion that child has been abused
E. Testimony of Child Psychologist	§ 31. Expert opinion that termination is in the child’s best interest

Section 4

Procedures in Termination of

Parental Rights

A Guide to Resources in the Law Library

SCOPE:	Bibliographic sources relating to the court procedures in termination of parental rights cases in Connecticut
CURRENCY	2007-2008 Edition

· “A petition for termination of parental rights shall be entitled ‘In the interest of .... (Name of child), a person under the age of eighteen years’, and shall set forth with specificity: (1) The name, sex, date and place of birth, and present address of the child; (2) the name and address of the petitioner, and the nature of the relationship between the petitioner and the child; (3) the names, dates of birth and addresses of the parents of the child, if known, including the name of any putative father named by the mother, and the tribe and reservation of an American Indian parent; (4) if the parent of the child is a minor, the names and addresses of the parents or guardian of the person of such minor; (5) the names and addresses of: (A) The guardian of the person of the child; (B) any guardians ad litem appointed in a prior proceeding; (C) the tribe and reservation of an American Indian child; and (D) the child-placing agency which placed the child in his current placement; (6) the facts upon which termination is sought, the legal grounds authorizing termination, the effects of a termination decree and the basis for the jurisdiction of the court; (7) the name of the persons or agencies which have agreed to accept custody or guardianship of the child's person upon disposition.” Conn. Gen. Stats. § 45a-715(b) (2007).

· “If the information required under subdivisions (2) and (6) of subsection (b) of this section is not stated, the petition shall be dismissed. If any other facts required under subdivision (1), (3), (4), (5) or (7) of subsection (b) of this section are not known or cannot be ascertained by the petitioner, he shall so state in the petition. If the whereabouts of either parent or the putative father named under subdivision (3) of subsection (b) of this section are unknown, the petitioner shall diligently search for any such parent or putative father. The petitioner shall file an affidavit with the petition indicating the efforts used to locate the parent or putative father.” Conn. Gen. Stats. § 45a-715(c) (2007).

Section 4a

Jurisdiction

A Guide to Resources in the Law Library

SCOPE:	Bibliographic resources relating to jurisdictions of the Probate and Superior (Juvenile) courts in a termination of parental rights in Connecticut (effective January 1, 2007).
CURRENCY	· 2007-2008 Edition
DEFINITIONS:	· Probate Court: “A petition under this section shall be filed in the court of probate for the district in which the petitioner or the child resides or, in the case of a minor who is under the guardianship of any child care facility or child-placing agency, in the court of probate for the district in which the main office or any local office of the agency is located. If the petition is filed with respect to a child born out of wedlock, the petition shall state whether there is a putative father to whom notice shall be given under subdivision (2) of subsection (b) of section 45a-716.” Conn. Gen. Stats. § 45a-715(e) (2007). · Superior Court: “Before a hearing on the merits in any case in which a petition for termination of parental rights is contested in a court of probate, the court of probate shall, on the motion of any legal party except the petitioner, or may on its own motion or that of the petitioner, under rules adopted by the judges of the Supreme Court, transfer the case to the Superior Court.” Conn. Gen. Stats. § 45a-715(g) (2007). · Transfer to Another Judge of Probate: “In addition to the provisions of this section, the probate court may, on the court's own motion or that of any interested party, transfer any termination of parental rights case to another judge of probate, which judge shall be appointed by the Probate Court Administrator from a panel of qualified probate judges who specialize in children's matters. Such panel shall be proposed by the Probate Court Administrator and approved by the executive committee of the Connecticut Probate Assembly.” Conn. Gen. Stats. § 45a-715(g) (2007). · Transfer: “If the case is transferred, the clerk of the Court of Probate shall transmit to the clerk of the Superior Court, or the probate court to which the case was transferred, the original files and papers in the case. The Superior Court or the probate court to which the case was transferred, upon hearing after notice as provided in sections 45a-716 and 45a-717, may grant the petition as provided in section 45a-717.” Conn. Gen. Stats. § 45a-715(g) (2007).
STATUTES:	· Conn. Gen. Stat. (2007) § 17a-112. Termination of parental rights of child committed to Commissioner of Children and Families § 45a-715. Petition to terminate parental rights § 45a-716. Hearing on petition to terminate parental rights. Notice. Attorney General as party § 45a-717. Termination of parental rights. Conduct of hearing. Investigation and report.
COURT RULES:	· Conn. Probate Practice Book (4th ed. rev. 2000). Rule 7. Transfer of contested petitions of parental rights from Courts of Probate to the Juvenile Court. 7.1. Motion to transfer by any legal party except petitioner 7.2. Motion to transfer by petitioner or court of probate 7.3. Where and when to file motion to transfer—copies 7.4. Contents of motion to transfer—who may file 7.5. Notice of transfer on motion by court of probate under Rule 7.2 7.6. Schedule of hearing and notice of hearing on motion by petitioner to transfer under Rule 7.2 7.7. Decree on motion to transfer under Rule 7.1 7.8. Administrative actions upon granting of motion to transfer 7.9. Copies of juvenile decrees and appeals · Conn. Practice Book (2007) Chapter 35a. Hearings concerning neglected, uncared for and dependent children and termination of parental rights § 35a-19. Transfer from Probate Court of petitions for removal of parents as guardians or termination of parental rights
CASES:	· In re Lori Beth D., 21 Conn. App. 226, 229, 572 A.2d 1027 (1990). “We read this rule [7.2 of the Probate Court Rules] to mean that whether a hearing is held on a petitioner’s motion to transfer is within the discretion of the Probate Court, but that if the court, in fact, decides to hold a hearing, notice of such ‘hearing,’ in accordance with the procedure set out in Rule 7.6, becomes mandatory.” · In re Theresa S., 196 Conn. 18, 30, 491 A.2d 355 (1985). “The parents' rights can be terminated without an ensuing adoption.”
TEXTS:	· Paul Chill, The Law Of Child Abuse And Neglect In Connecticut (1997). Chapter 3, Termination of Parental Rights.  21. Termination petitions. A. Introduction
COMPILER:	Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Branch Law Library, One Court Street, Middletown. (860) 343‑6560. EMAIL: Lawrence.cheeseman@jud.ct.gov

Section 4b

Petition for TPR

A Guide to Resources in the Law Library

SCOPE:	Bibliographic resources relating to the content, form and amendment of a petition for termination of parental rights in Connecticut (effective January 1, 2007).
CURRENCY	· 2007-2008 Edition
DEFINITIONS:	· Petition “means a formal pleading, executed under oath alleging that the respondent is within the judicial authority's jurisdiction to adjudicate the matter which is the subject of the petition by reason of cited statutory provisions and seeking a disposition. Except for a petition for erasure of record, such petitions invoke a judicial hearing and shall be executed by any one of the parties authorized to do so by statute, provided a delinquency petition may be executed by either a probation officer or juvenile prosecutor.” Conn. Practice Book § 26-1(j) (2007). · Diligently search: “If the whereabouts of either parent or the putative father named under subdivision (3) of subsection (b) of this section are unknown, the petitioner shall diligently search for any such parent or putative father. The petitioner shall file an affidavit with the petition indicating the efforts used to locate the parent or putative father.”Conn. Gen. Stat. § 45a-715(c) (2007). · Statutory parent: “means the Commissioner of Children and Families or the child-placing agency appointed by the court for the purpose of the adoption of a minor child or minor children;” Conn. Gen. Stat. §45a-707(7). (2007). See Table 7
STATUTES:	· Conn. Gen. Stat. (2007) § 17a‑112. Termination of parental rights of child committed to the Commissioner of Children and Families. (a). The petition shall be in the form and contain the information set forth in subsection (b) of section 45a-715, and be subject to the provisions of subsection (c) of said section. § 45a-715. Petition to terminate parental rights (b). [Full text § 4 supra]  (c). If the information required under subdivisions (2) and (6) of subsection (b) of this section is not stated, the petition shall be dismissed . . . . [Full text § 4 supra] (f). If any petitioner under subsection (a) is a minor or incompetent, the guardian ad litem, appointed by the court in accordance with section 45a-708, must approve the petition in writing, before action by the court.
COURT RULES	· Conn. Practice Book (2007). Procedures in Juvenile Matters Chapter 33a. Petitions for neglect, uncared for, dependency and termination of parental rights: initiation of proceedings, orders of temporary custody and preliminary hearings § 33a-1. Initiation of judicial proceeding: Contents of petitions and summary of facts § 33a-2. Service of summons, petitions and ex parte orders § 33a-3. Venue § 33a-4. Identity or location of respondent unknown § 33a-5. Address of person entitled to personal service unknown § 33a-6. Order of temporary custody; Ex parte orders and orders to appear § 33a-7. Preliminary hearing § 33a-8. Emergency, life-threatening medical situations—Procedures
FORMS:	· Probate Court PC-600. Application, termination of parental rights · Superior Court, Juvenile Matters JD-JM-40 Rev. 9-2000. Notice/Summons and Order for Hearing – Termination of Parental Rights · Cause Of Action For Adoption Without Consent Of Parent On Ground Of Abandonment, 16 COA 219 (1988). § 35. Sample petition § 36. Sample answer · 19 Am Jur Pleading and Practice Forms Parent and Child (2007) § 89. Petition or application¾To terminate parental rights of incompetent parent¾By state agency and foster parent
CASES:	· In re Eden F., 48 Conn. App. 290, 710 A.2d 771(1998). “Our rules of practice require that ‘[a] summary of the facts substantiating the allegations of the petition shall be attached thereto and shall be incorporated by reference.’ Practice Book § 1041.1 (2), now Practice Book (1998 Rev.) § 32-1 (b). · In re Angellica W., 49 Conn. App. 541, 548, 714 A.2d 1265 (1998). “The trial court, however, correctly pointed out that "actually, it's a matter of proof, really, rather than whether they have the right to amend. I think they have the right to amend, to allege whatever they want and the burden is on them to prove whatever they allege." Furthermore, Practice Book § 1055.1, now Practice Book (1998 Rev.) § 35-1 . . . provides that amendments to the petition may be made at any time prior to a final adjudication. We will not disturb the trial court's decision to allow amendments to the petition unless there has been an abuse of discretion . . . . Since the rules of practice allow amendment, we cannot say that the trial court abused its discretion in this case by allowing amendment of the termination petition.” · In re Bruce R., 34 Conn. App. 176, 181, 640 A.2d 643 (1994). “We conclude that under the present statutory scheme a parent may petition for the termination of his or her own parental rights and that a petition for the termination of parental rights is not dependent on a pending adoption or state custodial placement.”
TEXTS:	· Ralph H. Folsom & Gayle B. Wilhelm , Incapacity, Powers Of Attorney and Adoption in Connecticut 3d (2007). § 5:6. Termination of parental rights and appointment of guardian or statutory parent for adoption petition · Peter L. Costas, managing ed., Lawyers’ Deskbook: A Reference Manual, (2d ed. 2000). Lynn B. Cochrane, Child Protection. "Termination of Parental Rights," pp. XVII-19. · Paul Chill, The Law Of Child Abuse And Neglect In Connecticut (1997). Chapter 3, Termination of Parental Rights.  § 21. Termination petitions
COMPILER:	Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Branch Law Library, One Court Street, Middletown. (860) 343‑6560. EMAIL: Lawrence.cheeseman@jud.ct.gov

Table 8 Statutory Parent

Statutory Parent
Definition	“the Commissioner of Children and Families or the child-placing agency appointed by the court for the purpose of giving a minor child or minor children in adoption;” Conn. Gen. Stat. § 45a-707(7). (2003)
Appointment	Conn. Gen. Stat. §§ 45a-717, 45a-718(a), 17a-112 (2007)
Duties	Conn. Gen. Stat. § 45a-718(b) (2007)
Removal	Conn. Gen. Stat. § 45-718(c) (2007)
Resignation	Conn. Gen. Stat. § 45-718(c) (2007)

Section 4c

Parties and Standing

in TPR Proceedings

A Guide to Resources in the Law Library

SCOPE:	Bibliographic resources relating to what persons or agencies have standing to bring a termination of parental rights in Connecticut.
CURRENCY	2007-2008 Edition
DEFINITIONS:	· Child (Probate Court): “[P] provided in any case hereunder where the child with respect to whom the petition is brought has attained the age of twelve, the child shall join in the petition.” Conn. Gen. Stat. § 45a-715(a) (2007) (emphasis added). · Child (Superior Court): “In respect to any child in the custody of the Commissioner of Children and Families in accordance with section 46b-129, either the commissioner, or the attorney who represented such child in a pending or prior proceeding, or an attorney appointed by the Superior Court on its own motion, or an attorney retained by such child after attaining the age of fourteen, may petition the court for the termination of parental rights with reference to such child.” Conn. Gen. Stats. § 17a-112(a) (2007) (emphasis added). · Relative: “means any person descended from a common ancestor, whether by blood or adoption, not more than three generations removed from the child;” Conn. Gen. Stat. § 45a-707(6) (2007).
STATUTES:	· Conn. Gen. Stat. (2007) § 17a‑112. Termination of parental rights of child committed to the Commissioner of Children and Families. § 45a-715. Petition to terminate parental rights (a).  see Table 8
CASES:	· In re Bruce R., 34 Conn. App. 176, 181, 640 A.2d 643 (1994). “We conclude that under the present statutory scheme a parent may petition for the termination of his or her own parental rights and that a petition for the termination of parental rights is not dependent on a pending adoption or state custodial placement.”
ENCYCLOPEDIAS:	· Michael G. Walsh, Annotation, Standing Of Foster Parent To Seek Termination Of Rights Of Foster Child’s Natural Parent, 21 ALR4th 535 (1983).
TEXTS:	· Peter L. Costas, managing ed., Lawyers’ Deskbook: A Reference Manual, (2d ed. 2000). Lynn B. Cochrane, Child Protection. "Termination of Parental Rights," pp. XVII-19. · Paul Chill, The Law Of Child Abuse And Neglect In Connecticut (1997). Chapter 3, Termination of Parental Rights.  § 8. Neglect petitions B. Parties and standing § 21. Termination petitions B. Parties and standing · 4 Sandra Morgan Little, Child Custody and Visitation Law and Practice (2007). Chapter 28. Termination of parental rights § 28.02(3). Standing to maintain proceedings [a]. In general [b]. Foster parent standing [c}. Grandparent standing [d]. Child standing
COMPILER:	Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Branch Law Library, One Court Street, Middletown. (860) 343‑6560. EMAIL: Lawrence.cheeseman@jud.ct.gov

Table 9 Who May Petition for TPR

Conn. Gen. Stat. § 45a-715(a) (2007) “Any of the following persons may petition the Court of Probate to terminate parental rights of all persons who may have parental rights regarding any minor child or for the termination of parental rights of only one parent provided the application so states:
(1)	Either or both parents, including a parent who is a minor;
(2)	the guardian of the child
(3)	the selectmen of any town having charge of any foundling child;
(4)	a duly authorized officer of any child care facility or child-placing agency or organization or any children's home or similar institution approved by the Commissioner of Children and Families;
(5)	a relative of the child if the parent or parents have abandoned or deserted the child;
(6)	the Commissioner of Children and Families, provided the custodial parent of such minor child has consented to the termination of parental rights and the child has not been committed to the commissioner, and no application for commitment has been made;

Section 4d

Notice

A Guide to Resources in the Law Library

SCOPE:	Bibliographic resources relating to notice in a TPR proceeding.
CURRENCY	· 2007-2008 Edition
SEE ALSO:	· § 1e. Notice and opportunity to be heard
DEFINITIONS:	· Persons to receive notice: “The court shall cause notice of the hearing to be given to the following persons, as applicable: (1) The parent or parents of the minor child, including any parent who has been removed as guardian on or after October 1, 1973, under section 45a-606; (2) the father of any minor child born out of wedlock, provided at the time of the filing of the petition (A) he has been adjudicated the father of such child by a court of competent jurisdiction, (B) he has acknowledged in writing that he is the father of such child, (C) he has contributed regularly to the support of such child, (D) his name appears on the birth certificate, (E) he has filed a claim for paternity as provided under section 46b-172a, or (F) he has been named in the petition as the father of the child by the mother; (3) the guardian or any other person whom the court deems appropriate; (4) the Commissioner of Children and Families; and (5) the Attorney General. The Attorney General may file an appearance and shall be and remain a party to the action if the child is receiving or has received aid or care from the state, or if the child is receiving child support enforcement services, as defined in subdivision (2) of subsection (b) of section 46b-231.” Conn. Gen. Stats. §45a-716(b) (2007)  · Representation by counsel: “If the recipient of the notice is a person described in subdivision (1) or (2) of this subsection or is any other person whose parental rights are sought to be terminated in the petition, the notice shall contain a statement that the respondent has the right to be represented by counsel and that if the respondent is unable to pay for counsel, counsel will be appointed for the respondent. The reasonable compensation for such counsel shall be established by, and paid from funds appropriated to, the Judicial Department, except that in the case of a Probate Court matter, if funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund..” Conn. Gen. Stats. §45a-716(b) (2007) · Service: “Except as provided in subsection (d) of this section, notice of the hearing and a copy of the petition, certified by the petitioner, the petitioner's agent or attorney, or the clerk of the court, shall be served at least ten days before the date of the hearing by personal service or service at the person's usual place of abode on the persons enumerated in subsection (b) of this section who are within the state, and by certified mail, return receipt requested, on the Commissioner of Children and Families and the Attorney General. Conn. Gen. Stats. §45a-716(c) (2007) · Out of state or unknown persons: “If the address of any person entitled to personal service or service at the person's usual place of abode is unknown, or if personal service or service at the person's usual place of abode cannot be reasonably effected within the state, or if any person enumerated in subsection (b) of this section is out of the state, a judge or the clerk of the court shall order notice to be given by registered or certified mail, return receipt requested, or by publication at least ten days before the date of the hearing. Any such publication shall be in a newspaper of general circulation in the place of the last-known address of the person to be notified, whether within or without this state, or, if no such address is known, in the place where the petition has been filed.” Conn. Gen. Stats. §45a-716(c) (2007)
STATUTES:	· Conn. Gen. Stat. (2007) § 17a‑112. Termination of parental rights of child committed to the Commissioner of Children and Families. (i). The Superior Court upon hearing and notice, as provided in sections 45a-716 and 45a-717, may grant a petition for termination of parental rights based on consent . . . . (j). The Superior Court upon hearing and notice, as provided in sections 45a-716 and 45a-717, may grant a petition for termination of parental rights pursuant to this section . . . . § 45a-716.Hearing on petition to terminate parental rights. Notice. Attorney General as party § 45a-717. Termination of parental rights. Conduct of hearing. (a). “At the hearing held on any petition for the termination of parental rights filed in the Court of Probate under section 45a-715, or filed in the Superior Court under section 17a-112, or transferred to the Superior Court from the Court of Probate under section 45a-715, any party to whom notice was given shall have the right to appear and be heard with respect to the petition . . . .”
CASES:	· In re Savanna M., 55 Conn. App. 807, 811, 740 A.2d 484 (1999). “Although the commissioner did fail to check the box on the termination petition representing that the department made reasonable efforts toward reunification, the succeeding paragraphs of the petition alleging abandonment; lack of personal rehabilitation; denial of care, guidance and control by acts of omission or commission; and no ongoing parent-child relationship provided the respondent adequate notice of the proceedings against him.” · In re Samantha B., 45 Conn. Supp. 468, 469, 722 A.2d 300 (1997), aff’d 51 Conn. App. 376 (1998), cert. den. 248 Conn. 902 (1999). “The mother’s failure to object this late scheduling of the initial hearing thus constitutes a waiver of any right she might have had to do.” · In re Jason P., 41 Conn. Supp. 23, 27, 549 A.2d 286 (1988). “With respect to a termination petition, service is required for parents, including a parent who has been removed as guardian and certain putative fathers. General Statutes § 45-61d (b)[now 45a-716]. All other persons desiring to participate, including the paternal grandmother in this case, are, by terminology, equitable parties whose intervention is discretionary with the court.”
WEST KEY NUMBERS:	· Infants # 198. Notice
TEXTS:	· Peter L. Costas, managing ed., Lawyers’ Deskbook: A Reference Manual, (2d ed. 2000). Lynn B. Cochrane, Child Protection. "Termination of Parental Rights," pp. XVII-19. · Paul Chill, The Law Of Child Abuse And Neglect In Connecticut (1997). Chapter 3, Termination of Parental Rights.  21. Termination petitions B. Parties and standing
COMPILER:	Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Branch Law Library, One Court Street, Middletown. (860) 343‑6560. EMAIL: Lawrence.cheeseman@jud.ct.gov

Section 4e

TPR Hearing

A Guide to Resources in the Law Library

SCOPE:	Bibliographic resources relating to the hearing on a petition to terminate parental rights (effective January 1, 2007).
CURRENCY	· 2007-2008 Edition
DEFINITIONS:	· Two Phases: “The hearing on a petition to terminate parental rights consists of a two phases, adjudication and disposition . . . . In the adjudicatory phase, the trial court determines whether one of the statutory grounds for termination of parental rights exists by clear and convincing evidence. If the trial court determines that a statutory ground for termination exists, it proceeds to the dispositional phase. In the dispositional phase, the trial court determines whether termination is in the best interest of the child.” In re Tabitha P., 39 Conn. App. 353, 360, 664 A.2d 1168 (1995). · Seven Factors: “In the dispositional phase of a termination of parental rights hearing, the trial court must determine whether it is established by clear and convincing evidence that the continuation of the respondent's parental rights is not in the best interest of the child. In arriving at this decision, the court is mandated to consider and make written findings regarding seven factors delineated in § 17a-112 (d).” Ibid., 361-362. · Co-Terminous Petition: “Any petition brought by the Commissioner of Children and Families to the Superior Court, pursuant to subsection (a) of section 46b-129, may be accompanied by or, upon motion by the petitioner, consolidated with a petition for termination of parental rights filed in accordance with this section with respect to such child. Notice of the hearing on such petitions shall be given in accordance with sections 45a-716 and 45a-717. The Superior Court, after hearing, in accordance with the provisions of subsection (i) or (j) of this section, may, in lieu of granting the petition filed pursuant to section 46b-129, grant the petition for termination of parental rights as provided in section 45a-717.” Conn. Gen. Stats. § 17a-112(l) (2007)
STATUTES:	· Conn. Gen. Stat. (2007) § 17a‑112. Termination of parental rights of child committed to the Commissioner of Children and Families. § 45a-715. Petition to terminate parental rights § 45a-716. Hearing on petition to terminate parental rights. Notice. Attorney General as party § 45a-717. Termination of parental rights. Conduct of hearing. Investigation and report. Grounds for termination
COURT RULES:	· Conn. Practice Book (2007) Procedures in Juvenile Matters Chapter 32a. Rights of parties neglected, uncared for and dependent children and termination of parental rights § 32a-1. Right to counsel and to remain silent § 32a-2. Hearing procedure; Subpoenas § 32a-3. Standards of proof § 32a-4. Child witness § 32a-5. Child in the court § 32a-6. Interpreter § 32a-7. Records § 32a-8. Use of confidential alcohol and drug abuse treatment records as evidence Chapter 34a. Pleadings, motions, and discovery neglected, uncared for and dependent children and termination of parental rights Chapter 35a. Hearing concerning neglected, uncared for and dependent children and termination of parental rights § 35a-3. Conterminous petitions § 35a-19. Transfer from probate court of petitions for removal of parents as guardian or termination of parental rights § 35a-21. Appeals
CASES:	· In re Eden F., 48 Conn. App. 290, 305-306, 710 A.2d 771 (1998). “A petition to terminate parental rights consists of two phases, adjudicatory and dispositive. Practice Book §§ 1042.1 and 1043.1, now Practice Book (1998 Rev.) §§ 33-1 and 33-5. See In re Romance M., 229 Conn. 345, 356, 641 A.2d 378 (1994). It is not necessary, however, that the two phases be the subject of separate hearings. One unified trial, as occurred in the two petitions that are the subject of the appeal now before us, is permissible.”
TEXTS:	· Peter L. Costas, managing ed., Lawyers’ Deskbook: A Reference Manual, (2d ed. 2000). Lynn B. Cochrane, Child Protection. "Termination of Parental Rights," pp. XVII-19. · Paul Chill, The Law Of Child Abuse And Neglect In Connecticut (1997). Chapter 3, Termination of Parental Rights.  21. Termination petitions B. Parties and standing
COMPILER:	Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Branch Law Library, One Court Street, Middletown. (860) 343‑6560. EMAIL: Lawrence.cheeseman@jud.ct.gov

Section 4f

Reasonable Effort

to Locate and Reunify

A Guide to Resources in the Law Library

SCOPE:	Bibliographic resources relating to the requirement that Department of Children and Families make reasonable efforts to locate the parent and to reunify the child with the parent.
CURRENCY	· 2007-2008 Edition
DEFINITIONS:	· Reasonable Efforts Finding: “The Superior Court, upon notice and hearing as provided in sections 45a-716 and 45a-717, may grant a petition filed pursuant to this section if it finds by clear and convincing evidence that (1) the Department of Children and Families has made reasonable efforts to locate the parent and to reunify the child with the parent in accordance with subsection (a) of section 17a-111b, unless the court finds in this proceeding that the parent is unable or unwilling to benefit from reunification efforts, except that such finding is not required if the court has determined at a hearing pursuant to section 17a-111b, or determines at trial on the petition, that such efforts are not required . . . ” Conn. Gen. Stats. § 17a-112(j) (2007). · Reasonable efforts: “In our view, reasonable efforts means doing everything reasonable, not everything possible.” In re Eden F., 48 Conn. App. 290, 312, 710 A.2d 771 (1998). · Americans with Disabilities Act of 1990. In AC 25326, the respondent father claims that . . .  (4) the department failed to make reasonable accommodations in the provision of reunification services pursuant to the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. . . . . In re Brendan C., 89 Conn. App. 511, 514, 874 A.2d 826 (2005).
STATUTES:	· Conn. Gen. Stat. (2007) § 17a‑112. Termination of parental rights of child committed to the Commissioner of Children and Families. § 45a-717. Termination of parental rights. Conduct of hearing. Investigation and report. Grounds for termination. Attorney General as party
CASES:	· In re Shaiesha O., 93 Conn. App. 42,  887 A.2d 415 (2006). “‘The standard for reviewing reasonable efforts has been well established by the Appellate Court. Turning to the statutory scheme encompassing the termination of the parental rights of a child committed to the department, [§ 17a-112] imposes on the department the duty, inter alia, to make reasonable efforts to reunite the child or children with the parents. The word reasonable is the linchpin on which the department's efforts in a particular set of circumstances are to be adjudged, using the clear and convincing standard of proof. Neither the word reasonable nor the word efforts is, however, defined by our legislature or by the federal act from which the requirement was drawn. . . .[R]easonable efforts means doing everything reasonable, not everything possible. . . . The trial court's determination of this issue will not be overturned on appeal unless, in light of all of the evidence in the record, it is clearly erroneous.’ (Internal quotation marks omitted.) In re · Samantha C., supra, 268 Conn. [628,] 632.[847 A.2d 883 (2004)]. ” · In re Kachainy C., 67 Conn. App. 401, 411, 787 A.2d 592 (2001). "The language of § 17a-112 (c) is clear: a finding that it is no longer appropriate for the department to make reasonable efforts to reunite the family must be made only once, either at an extension hearing or at a termination hearing. Common sense also tells us that it would be a waste of judicial resources to require courts to make redundant findings." · In re Rachel M., 58 Conn. App. 448, 449, 755 A.2d 266 (2000). “As this court has often stated, ‘On appeal, our function is to determine whether the trial court's conclusion was legally correct and factually supported. We do not examine the record to determine whether the trier of fact could have reached a conclusion other than the one reached . . . nor do we retry the case or pass upon the credibility of the witnesses. . . . Rather, on review by this court every reasonable presumption is made in favor of the trial court's ruling. . . . [W]e will disturb the findings of the trial court in both the adjudication and disposition phases only if they are clearly erroneous. . . . The trial court's ruling on [the issue of whether reasonable efforts were made] should not be disturbed on appeal unless, in light of the evidence in the entire record, it is clearly erroneous. In re Tabitha P., 39 Conn. App. 353, 361, 664 A.2d 1168 (1995).’ (Internal quotation marks omitted.) In re Savanna M., 55 Conn. App. 807, 812-13, 740 A.2d 484 (1999). · In re Amanda A., 58 Conn. App. 451, 755 A.2d 243 (2000). · In re Terrance C., 58 Conn. App. 389, 755 A.2d 232 (2000). · In re Amber B., 56 Conn. App. 776, 746 A.2d 222 (2000). · In re Antonio M., 56 Conn. App. 534, 744 A.2d 915 (2000). · In re Eden F., 250 Conn. 674, 741 A.2d 873, reargument den. 251 Conn. 924 (1999).
WEST KEY NUMBERS:	· Infants #231. Modification, vacation, or extension of order or placement. Returning child to parents #252.  Review. Questions of law and fact
TEXTS:	· Paul Chill, The Law Of Child Abuse And Neglect In Connecticut (1997). Chapter 3, Termination of Parental Rights.  § 25. Nonconsensual termination: other requirements C. Reasonable efforts finding
COMPILER:	Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Branch Law Library, One Court Street, Middletown. (860) 343‑6560. EMAIL: Lawrence.cheeseman@jud.ct.gov

Section 4g

Statutory Factors

A Guide to Resources in the Law Library

SCOPE:	Bibliographic resources relating to the seven statutory factors the courts consider in TPR proceedings in Connecticut.
CURRENCY	· 2007-2008 Edition
SEE ALSO	· Table 9: Statutory Factors Considered in TPR
DEFINITIONS:	· Factors: “Except in the case where termination is based on consent, in determining whether to terminate parental rights under this section, the court shall consider and shall make written findings regarding . . . .[six factors see Table 9 for list]” Conn. Gen. Stats. §§  17-112(k) and 45a-717(h) (2003).
STATUTES:	· Conn. Gen. Stat. (2007) § 17a‑112. Termination of parental rights of child committed to the Commissioner of Children and Families. (k). see Table 9 for text § 45a-717. Petition to terminate parental rights (h). see Table 9 for text
CASES:	· In re Quanitra M., 60 Conn. App. 96, 104, 758 A.2d 863 (2000). “The seven factors set forth in § 17a-112 (e)[now (k)] serve simply as guidelines to the court and are not statutory prerequisites that need to be proven before termination can be ordered . . . . As a result, there is no requirement that each factor be proven by clear and convincing evidence.” · In re Barbara J., 215 Conn. 31, 47, 574 A.2d 203 (1990). “Whether the six factors listed in 17-43a (d) [now 17a-112(k)] are expressly considered in conjunction with or subsequent to the trial court's determination of whether the petitioner has produced the statutorily required proof of at least one of the alternatives listed in 17-43a (b) is without significance as long as no judgment of termination is rendered until after there has been full compliance with 17-43a. Although 17-43a does not mandate a bifurcated hearing, it does command a termination decision that clearly identifies the concerns of subsections (b), and (d). Bifurcating the termination decision, however enables the trial court to focus clearly on the statutory requirements of each subsection.”
WEST KEY NUMBERS:	· Infants #155. Dependent, neglected, and delinquent children. Termination of rights or other permanent action #178. Evidence. Termination of parental rights #210. Verdict, finding or determination
TEXTS:	· Paul Chill, The Law Of Child Abuse And Neglect In Connecticut (1997). Chapter 3, Termination of Parental Rights.  § 25. Nonconsensual termination: other requirements B. Seven dispositional factors
COMPILER:	Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Branch Law Library, One Court Street, Middletown. (860) 343‑6560. EMAIL: Lawrence.cheeseman@jud.ct.gov

Table 10 Statutory Factors Considered in TPR

Conn. Gen. Stats. §§ 17a-112(k) and 45a-717(h) (2007) Except in the case where termination is based on consent, in determining whether to terminate parental rights under this section, the court shall consider and shall make written findings regarding:
(1)	(1) The timeliness, nature and extent of services offered, provided and made available to the parent and the child by an agency to facilitate the reunion of the child with the parent;
(2)	2) whether the Department of Children and Families has made reasonable efforts to reunite the family pursuant to the federal Adoption Assistance and Child Welfare Act of 1980, as amended;
(3)	the terms of any applicable court order entered into and agreed upon by any individual or agency and the parent, and the extent to which all parties have fulfilled their obligations under such order;
(4)	the feelings and emotional ties of the child with respect to the child's parents, any guardian of the child's person and any person who has exercised physical care, custody or control of the child for at least one year and with whom the child has developed significant emotional ties;
(5)	the age of the child
(6)	the efforts the parent has made to adjust such parent's circumstances, conduct or conditions to make it in the best interest of the child to return the child to the parent's home in the foreseeable future, including, but not limited to, (A) the extent to which the parent has maintained contact with the child as part of an effort to reunite the child with the parent, provided the court may give weight to incidental visitations, communications or contributions and  (B) the maintenance of regular contact or communication with the guardian or other custodian of the child;
(7)	the extent to which a parent has been prevented from maintaining a meaningful relationship with the child by the unreasonable act or conduct of the other parent of the child, or the unreasonable act of any other person or by the economic circumstances of the parent.

Section 4h

Motion to Open

or Set Aside

A Guide to Resources in the Law Library

SCOPE:	Bibliographic resources relating to a motion to open or set aside a judgment terminating parental rights.
CURRENCY	· 2007-2008 Edition
DEFINITIONS:	· Motion to open or set aside: “The court may grant a motion to open or set aside a judgment terminating parental rights pursuant to section 52-212 or 52-212a or pursuant to common law or may grant a petition for a new trial on the issue of the termination of parental rights, provided the court shall consider the best interest of the child, except that no such motion or petition may be granted if a final decree of adoption has been issued prior to the filing of any such motion or petition.” Conn. Gen. Stats. § 45a-719 (2007). · Evidence: “Any person who has legal custody of the child or who has physical custody of the child pursuant to an agreement, including an agreement with the Department of Children and Families or a licensed child-placing agency, may provide evidence to the court concerning the best interest of the child at any hearing held on the motion to reopen or set aside a judgment terminating parental rights.” Ibid.  · Best interest of the child: “For the purpose of this section, "best interest of the child" shall include, but not be limited to, a consideration of the age of the child, the nature of the relationship of the child with the caretaker of the child, the length of time the child has been in the custody of the caretaker, the nature of the relationship of the child with the birth parent, the length of time the child has been in the custody of the birth parent, any relationship that may exist between the child and siblings or other children in the caretaker's household, and the psychological and medical needs of the child. The determination of the best interest of the child shall not be based on a consideration of the socio-economic status of the birth parent or the caretaker.” Ibid.
STATUTES:	· Conn. Gen. Stat. (2007) § 45a-719. Reopening judgment terminating parental rights. Best interest of child. Final decree of adoption
CASES:	· In re Salvatore P., 74 Conn. App. 23, 27, 812 A2d 70 (2002). "In seeking to open the termination judgments, the respondent had the burden at the hearing to do more than assert an unadorned claim that due to duress, she was unable to attend the termination trial."
TEXTS:	· Paul Chill, The Law Of Child Abuse And Neglect In Connecticut (1997). Chapter 3, Termination of Parental Rights.  § 26. Post-judgment procedures B. Motions to open
COMPILER:	Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Branch Law Library, One Court Street, Middletown. (860) 343‑6560. EMAIL: Lawrence.cheeseman@jud.ct.gov

Section 4i

Appeals in

Juvenile Matters

A Guide to Resources in the Law Library

SCOPE:	Bibliographic resources relating to appeals of TPR judgments.
CURRENCY	· 2007-2008 Edition
SEE ALSO:	· § 1.4j. Standards of  Appellate Review
DEFINITIONS:	· Appeals in Juvenile matters: “Appeals from final judgments or decisions of the superior court in juvenile matters shall be taken within twenty days from the issuance of notice of the rendition of the judgment or decision from which the appeal is taken in the manner provided by the rules of appellate procedure.” CONN. PRACTICE BOOK § 35a-21(a) (2007). · Indigent Party. “If an indigent party wishes to appeal a final decision and if the trial counsel declines to represent the party because in counsel's professional opinion the appeal lacks merit, counsel shall file a timely motion to withdraw and to extend time in which to take an appeal. The judicial authority shall then forthwith appoint another attorney to review this record who, if willing to represent the party on appeal, will be appointed for this purpose. If the second attorney determined that there is no merit to an appeal, that attorney shall make this known to the judicial authority at the earliest possible moment, and the party will be informed by the clerk forthwith that the party has the balance of the extended time to appeal in which to secure counsel who, if qualified, may be appointed to represent the party on the appeal.” CONN. PRACTICE BOOK § 35a-21(b) (2007). · Extension: “The time to take an appeal shall not be extended past forty days from the date of the issuance of notice of the rendition of the judgment or decision.” CONN. PRACTICE BOOK § 35a-21(c) (2007).
STATUTES:	· Conn. Gen. Stat. (2007) § 46b-142. Venue of petitions. Appeal to Appellate Court. Expedited hearing in termination of parental rights appeals.    (b). The Department of Children and Families, or any party at interest aggrieved by any final judgment or order of the court, may appeal to the Appellate Court in accordance with the provisions of section 52-263. The clerk in charge of such juvenile matters shall forthwith, after notice of any appeal, prepare and file with the clerk of the Appellate Court the certified copy of the record of the case from which such appeal has been taken. The name of the child or youth involved in any such appeal shall not appear on the record of the appeal, and the records and papers of any juvenile case filed in the Appellate Court shall be open for inspection only to persons having a proper interest therein and upon order of the court. (c). Pending such appeal, the Superior Court may cause the child or youth to be detained in some suitable place as the court may direct, or may release the child or youth in the care of a parent, probation officer or other suitable person, and may require the appellant to enter into a bond or recognizance to the state, with surety or security conditioned that the child or youth shall appear before the Appellate Court and abide by the order and judgment. (d). Notwithstanding subsections (a), (b) and (c) of this section, the Department of Children and Families, or any party to the action aggrieved by a final judgment in a termination of parental rights proceeding, shall be entitled to an expedited hearing before the Appellate Court. A final decision of the Appellate Court shall be issued as soon as practicable after the date on which the certified copy of the record of the case is filed with the clerk of the Appellate Court. § 46b-143. Sec. 46b-143. Notice of appeal.
COURT RULES:	· Conn. Practice Book (2007). Chapter 35a. Hearings concerning neglected, uncared for and dependent children and termination of parental rights § 35a-21. Appeal (b). If an indigent party wishes to appeal a final decision and if the trial counsel declines to represent the party because in counsel's professional opinion the appeal lacks merit, counsel shall file a timely motion to withdraw and to extend time in which to take an appeal. The judicial authority shall then forthwith appoint another attorney to review this record who, if willing to represent the party on appeal, will be appointed for this purpose. If the second attorney determines that there is no merit to an appeal, that attorney shall make this known to the judicial authority at the earliest possible moment, and the party will be informed by the clerk forthwith that the party has the balance of the extended time to appeal in which to secure counsel who, if qualified, may be appointed to represent the party on the appeal. Chapter 79. Appeals in Juvenile Matters § 79-1. Time to take; Form; costs § 79-2. Clerk’s duties § 79-3. Inspection of records § 79-4. Hearings; confidentiality
TEXTS:	· Paul Chill, The Law Of Child Abuse And Neglect In Connecticut (1997). § 17. Appeals
COMPILER:	Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Branch Law Library, One Court Street, Middletown. (860) 343‑6560. EMAIL: Lawrence.cheeseman@jud.ct.gov

Section 4j

Standards of

Appellate Review

A Guide to Resources in the Law Library

SCOPE:	Bibliographic resources relating to standards of review in termination of parental rights
CURRENCY	· 2007-2008 Edition
DEFINITIONS:	·  “On appeal, we will disturb the findings of the trial court in both the adjudication and disposition only if they are clearly erroneous.” In re Tabitha P., 39 Conn. App. 353, 362, 664 A.2d 1168 (1995)
STATUTES:	· Conn. Gen. Stat. (2007) § 17a‑112. Termination of parental rights of child committed to the Commissioner of Children and Families. § 45a-715. Petition to terminate parental rights
CASES:	· In Re Halle T, 96 Conn. App. 815, 822, 902 A.2d 670 (2006). “‘On appeal, our function is to determine whether the trial court's conclusion was legally correct and factually supported. . . . We do not examine the record to determine whether the trier of fact could have reached a conclusion other than the one reached . . . nor do we retry the case or pass upon the credibility of the witnesses. . . . Rather, on review by this court every reasonable presumption is made in favor of the trial court's ruling.’ (Citations omitted; internal quotation marks omitted.) In re Sheena I., 63 Conn. App. 713, 719-20, 778 A.2d 997 (2001).” · In re Stanley D., 61 Conn. App. 224, 229, 763 A.2d 224  (2000).“Our standard of review is well settled in termination of parental rights cases. We will overturn a finding of fact that a parent has failed to achieve rehabilitation only if it is clearly erroneous in light of the evidence in the record. In re Eden F., 250 Conn. 674, 705, 741 A.2d 873 (1999). We construe the facts in favor of the court's judgment because of the court's opportunity as the trier of fact to scrutinize the evidence, and to hear and observe the witnesses during trial. Id. "We do not examine the record to determine whether the trier of fact could have reached a conclusion other than the one reached." (Internal quotation marks omitted.) Id.; see In re Luis C., 210 Conn. 157, 166, 554 A.2d 722 (1989). Our function is to determine whether the court's conclusions were legally correct and factually supported. In re Roshawn R., 51 Conn. App. 44, 51, 720 A.2d 1112 (1998).” · In re Deana E., 61 Conn. App. 197, 205, 763 A.2d 45 (2000). “Our standard of review of a court's decision to bifurcate a termination of parental rights hearing is well settled.  The decision whether to bifurcate a termination of parental rights proceeding lies solely within the discretion of the trial court. See State v. Anonymous, 179 Conn. 155, 172-74, 425 A.2d 939 (1979); see also In re Tabitha P., 39 Conn. App. 353, 360 n. 6, 664 A.2d 1168 (1995). "In reviewing claims that the trial court abused its discretion the unquestioned rule is that great weight is due to the action of the trial court and every reasonable presumption should be given in favor of its correctness; the ultimate issue is whether the court could reasonably conclude as it did . . . ." (Internal quotation marks omitted.) In re Jose C., 11 Conn. App. 507, 508, 512 A.2d 1239 (1987).”
WEST KEY NUMBERS:	· Infants # 252. Review. Questions of law and fact.
TEXTS:	· Peter L. Costas, managing ed., Lawyers’ Deskbook: A Reference Manual, (2d ed. 2000). Lynn B. Cochrane, Child Protection. "Termination of Parental Rights," pp. XVII-19. · Paul Chill, The Law Of Child Abuse And Neglect In Connecticut (1997). Chapter 3, Termination of Parental Rights.  21. Termination petitions B. Parties and standing
COMPILER:	Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Branch Law Library, One Court Street, Middletown. (860) 343‑6560. EMAIL: Lawrence.cheeseman@jud.ct.gov

Table 11 Cooperative Postadoption Agreements

Cooperative Postadoption Agreement Conn. Gen. Stats. §45a-715 (2003)
(h)	Either or both birth parents and an intended adoptive parent may enter into a cooperative postadoption agreement regarding communication or contact between either or both birth parents and the adopted child. Such an agreement may be entered into if: (1) The child is in the custody of the Department of Children and Families; (2) an order terminating parental rights has not yet been entered; and (3) either or both birth parents agree to a voluntary termination of parental rights, including an agreement in a case which began as an involuntary termination of parental rights. The postadoption agreement shall be applicable only to a birth parent who is a party to the agreement. Such agreement shall be in addition to those under common law. Counsel for the child and any guardian ad litem for the child may be heard on the proposed cooperative postadoption agreement. There shall be no presumption of communication or contact between the birth parents and an intended adoptive parent in the absence of a cooperative postadoption agreement.
(i)	If the Court of Probate determines that the child’s best interests will be served by postadoption communication or contact with either or both birth parents, the court shall so order, stating the nature and frequency of the communication or contact. A court may grant postadoption communication or contact privileges if: (1) Each intended adoptive parent consents to the granting of communication or contact privileges; (2) the intended adoptive parent and either or both birth parents execute a cooperative agreement and file the agreement with the court; (3) consent to postadoption communication or contact is obtained from the child, if the child is at least twelve years of age; and (4) the cooperative postadoption agreement is approved by the court.
(j)	(j) A cooperative postadoption agreement shall contain the following: (1) An acknowledgment by either or both birth parents that the termination of parental rights and the adoption is irrevocable, even if the adoptive parents do not abide by the cooperative postadoption agreement; and (2) an acknowledgment by the adoptive parents that the agreement grants either or both birth parents the right to seek to enforce the cooperative postadoption agreement.
(k)	The terms of a cooperative postadoption agreement may include the following: (1) Provision for communication between the child and either or both birth parents; (2) provision for future contact between either or both birth parents and the child or an adoptive parent; and (3) maintenance of medical history of either or both birth parents who are a party to the agreement.
(l)	The order approving a cooperative postadoption agreement shall be made part of the final order terminating parental rights. The finality of the termination of parental rights and of the adoption shall not be affected by implementation of the provisions of the postadoption agreement, nor is the cooperative postadoption contingent upon the finalization of an adoption. Such an agreement shall not affect the ability of the adoptive parents and the child to change their residence within or outside this state.
(m)	A disagreement between the parties or litigation brought to enforce or modify the agreement shall not affect the validity of the termination of parental rights or the adoption and shall not serve as a basis for orders affecting the custody of the child. The court shall not act on a petition to change or enforce the agreement unless the petitioner had participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings to resolve the dispute and allocate any cost for such mediation or dispute resolution proceedings.
(n)	An adoptive parent, guardian ad litem for the child or the court on its own motion may, at any time, petition for review of communication or contact ordered pursuant to subsection (i) of this section, if the adoptive parent believes that the best interests of the child are being compromised. The court may order the communication or contact be terminated, or order such conditions in regard to communication or contact as the court deems to be in the best interest of the adopted child.
See also Conn. Gen. Stats. §17a-112(c) –(h)  (2003)

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